350671
Mich. Ct. App.Aug 12, 2021Background
- Oct. 15, 2018 shooting at the Retreat Apartments (Farmington Hills): Alex Ward was killed and Maliek Lewis injured.
- Officer stopped a white Chevy Equinox fleeing the scene; occupants (including Williams) arrested and three firearms found in the vehicle.
- Williams initially denied involvement, later (Oct. 18) confessed to Lt. Wehby: he followed Ward, returned to the apartment building, watched from the balcony ~3 minutes, then fired into the unit.
- Williams moved to suppress the Oct. 18 statements claiming coercion by co-defendants and that he was not re‑advised of Miranda; trial court denied suppression.
- Jury convicted Williams of second‑degree murder, assault with intent to murder, discharging a firearm at a building (death and injury), felon‑in‑possession, and five felony‑firearm counts; sentenced as a third‑offense habitual offender (minimum 60 years for murder).
- On appeal Williams challenged OV scoring (OV 5, 10, 13, 14), proportionality of sentence, and suppression/Miranda rulings; the Court of Appeals affirmed.
Issues
| Issue | People’s Argument | Williams’s Argument | Held |
|---|---|---|---|
| OV 5 (psychological injury to victim’s family) | Victim‑impact statements show serious psychological injury likely requiring professional treatment; 15 points appropriate | No evidence family suffered serious psychological injury requiring professional treatment | Affirmed: 15 points supported by victim statements (Calloway standard) |
| OV 10 (predatory conduct/victim vulnerability) | Williams stalked/lay in wait for Ward (followed, returned, watched, armed) — 15 points for predatory conduct | Conduct was not predatory prior to offense | Affirmed: facts show concealment/watching/waiting and predatory purpose (Huston/Cannon/Barnes) |
| OV 13 (pattern of felonious criminal activity) | Multiple distinct felonious acts against persons (multiple shots, multiple victims) support 25 points | Shooting was a single act causing multiple victims (Carll) | Affirmed: separate acts against multiple persons and prior qualifying offense satisfy OV13 |
| OV 14 (offender’s role — leader) | Williams acted as primary actor (planned, returned, shot, directed driver to flee) — 10 points | Williams was not the leader of a multiple‑offender situation | Affirmed: trial court reasonably found Williams acted first/gave directions (Dickinson standard) |
| Miranda / suppression | Statements voluntary and Miranda requirements satisfied; rereading not required and defendant initiated further discussion | Statements involuntary/coerced by co‑defendants and Miranda not re‑read before Oct. 18 interview | Affirmed: trial court’s factual findings were not clearly erroneous; waiver and voluntariness established (Clark; Godboldo) |
| Proportionality of sentence | Guidelines correctly scored; sentence within guideline range and thus presumptively proportionate | 60‑year minimum is disproportionate given age and disparity with co‑defendants | Affirmed: within guidelines and no scoring error; sentence presumptively proportionate (Lockridge/Steanhouse/Milbourn) |
Key Cases Cited
- People v Calloway, 500 Mich 180 (2017) (OV 5: serious psychological injury may require professional treatment even if treatment not yet sought)
- People v Huston, 489 Mich 451 (2011) (OV 10: lying in wait — concealment, watching, waiting — supports predatory conduct/victim vulnerability)
- People v Cannon, 481 Mich 152 (2008) (OV 10 factors for victim vulnerability)
- People v Barnes, 332 Mich App 494 (2020) (OV 10 application where predatory conduct and vulnerability present)
- People v Gibbs, 299 Mich App 473 (2013) (OV 13: separate acts against multiple victims in one episode may support a pattern for scoring)
- People v Carll, 322 Mich App 690 (2018) (contrasting rule: single act causing multiple victims may not support OV13 enhancement)
- People v Dickinson, 321 Mich App 1 (2017) (OV 14: leadership assessed by who acted first or gave directions)
- People v Lockridge, 498 Mich 358 (2015) (sentencing guidelines are advisory; appellate review for reasonableness)
- People v Steanhouse, 500 Mich 453 (2017) (principle of proportionality governs reasonableness review)
- People v Clark, 330 Mich App 392 (2019) (Miranda and invocation-of-counsel rules; voluntariness review)
- People v Godboldo, 158 Mich App 603 (1986) (failure to reread Miranda before each interrogation does not automatically render statements inadmissible)