People of Michigan v. Leroy Davis Jr
334595
Mich. Ct. App.Nov 16, 2017Background
- Defendant stabbed a 69-year-old passenger once in the neck on a Grand Rapids public bus; the blow punctured skin about a centimeter from the carotid artery and jugular vein.
- The assault was captured on bus video; defendant exited and jogged away, later told police he “stabbed somebody,” and was arrested that day.
- Victim required a pressure bandage and overnight hospitalization; medical testimony described the wound as sharp-edged and dangerously close to vital vessels and nerves.
- Defendant was tried by bench trial, asserted an insanity defense, and the trial court found him guilty of assault with intent to do great bodily harm less than murder (AWIGBH) but mentally ill.
- Sentenced as a fourth-offense habitual offender to 25–50 years’ imprisonment; defendant appealed challenging sufficiency of the evidence of intent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that defendant intended to do great bodily harm for AWIGBH | Evidence (forceful swing with a sharp object producing a neck puncture near vital structures) supports intent to cause serious injury | Single, non-verbal strike near the ear and lack of threats show no intent to cause great bodily harm; a single blow is inconsistent with intent | Court affirmed: circumstantial evidence (weapon use, nature/location of injury, video of violent swing, defendant’s admission, flight) permitted inference of intent |
Key Cases Cited
- People v. Ventura, 316 Mich. App. 671 (review standard for sufficiency of evidence)
- People v. Lanzo Const. Co., 272 Mich. App. 470 (view evidence in light most favorable to prosecution)
- People v. Kanaan, 278 Mich. App. 594 (circumstantial evidence and inferences can prove intent)
- People v. Lugo, 214 Mich. App. 699 (elements of AWIGBH)
- People v. Brown, 267 Mich. App. 141 (definition of intent to do great bodily harm)
- People v. Stevens, 306 Mich. App. 620 (intent may be inferred from conduct, weapon use, and nature of injuries)
