People of Michigan v. Timothy Armon Wright
333488
Mich. Ct. App.Dec 12, 2017Background
- Defendant Timothy Wright chased and shot Deangelo Turner inside a gas station; surveillance video showed Wright firing while pursuing Turner, then firing point-blank after Turner fell; Turner died of multiple close-range gunshot wounds.
- Wright admitted on cross-examination that the surveillance video captured him firing inside the store and that he fled the scene.
- Wright was convicted after a bench trial of first-degree premeditated murder, felon in possession of a firearm, and felony‑firearm (second offense); sentences included life without parole for first‑degree murder.
- On appeal Wright primarily challenged sufficiency of the evidence/premeditation, argued the verdict should be reduced to voluntary manslaughter (heat of passion / self‑defense), and raised claims about investigation, preliminary‑examination evidence, prosecutorial misconduct, and ineffective assistance of counsel.
- The trial court discredited Wright’s testimony that Turner was armed; the Court of Appeals reviewed credibility deference to the trier of fact and affirmed all convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for first‑degree premeditated murder | Prosecution: video, conduct before/after, close‑range shots support intent, premeditation, and deliberation | Wright: lacked requisite mental state; acted in heat of passion or self‑defense | Affirmed—video and circumstances permitted inference of intent and premeditation; credibility findings supported rejecting self‑defense/heat of passion |
| Voluntary manslaughter / heat of passion | Prosecution: malice proven; provocation not established | Wright: provoked (earlier bicycle incident), cooled off, but claimed still acted in heat of passion | Affirmed—trial court reasonably found defendant cooled off and witnesses not credible; provocation insufficient to negate malice |
| Self‑defense (failure to exclude at trial) | Prosecution: must exclude self‑defense beyond reasonable doubt once raised; video contradicts defendant’s account | Wright: claimed Turner was armed and charged him inside store | Affirmed—video contradicted claim; trial court appropriately discredited defendant’s testimony; prosecution satisfied its burden |
| Preliminary examination / evidentiary errors (Seymour testimony, missing exterior video) | Prosecution: district court properly relied on preliminary testimony for bindover; no showing of false testimony or prosecutor suppression | Wright: Seymour’s preliminary testimony false; exterior surveillance withheld; bindover erroneous | Affirmed—issues not preserved; no record support for suppression or falsity; any preliminary‑examination error harmless because trial evidence sufficient |
| Prosecutorial misconduct & closing argument | Prosecution: argued reasonable inferences from evidence; did not vouch personally | Wright: prosecutor made speculative/cruel remarks and withheld evidence | Affirmed—claims unpreserved and inadequately briefed; reviewed comments permissible inferences from evidence |
| Ineffective assistance of counsel | Prosecution: defense strategy reasonable; no meritorious motions omitted | Wright: counsel failed to subpoena/full video, to move to suppress, to file speedy‑trial motion, and to seek evidentiary hearing | Affirmed—claims lacked factual predicate on record; many alleged omissions would have been meritless; no apparent prejudice shown |
Key Cases Cited
- People v. Lanzo Constr. Co., 272 Mich. App. 470 (trial‑court sufficiency review de novo)
- People v. Kanaan, 278 Mich. App. 594 (trier of fact credibility deferential; circumstantial evidence)
- People v. Reese, 491 Mich. 127 (clear‑error standard for factual findings; heat‑of‑passion law)
- People v. Lemmon, 456 Mich. 625 (credibility impeachment insufficient for new trial)
- People v. DeLisle, 202 Mich. App. 658 (premeditation may be inferred from circumstances)
- People v. Mendoza, 468 Mich. 527 (distinction between murder and voluntary manslaughter; provocation negates malice)
- People v. Nowack, 462 Mich. 392 (prosecutor need not disprove every theory consistent with innocence)
- People v. Carines, 460 Mich. 750 (plain‑error standard for unpreserved issues)
- People v. Bennett, 290 Mich. App. 465 (erroneous bindover harmless where trial produced sufficient evidence)
- People v. Ericksen, 288 Mich. App. 192 (counsel not ineffective for failing to pursue meritless arguments)