People of Michigan v. Tofeek Saeed
368514
Mich. Ct. App.Apr 14, 2025Background
- Defendant Tofeek Saeed was convicted at a bench trial on assault with intent to do great bodily harm less than murder (AWIGBH), discharge of a firearm at or in a dwelling causing injury, and two counts of felony-firearm after a nonfatal shooting at a Detroit gas station.
- The incident occurred on July 31, 2021, following an escalating argument and physical altercation between Saeed (a gas station employee) and Randall Perry, Jr. (victim) and his companions.
- Saeed left a place of relative safety to engage with the group, and after a scuffle and as the group was leaving the premises, he shot Perry Jr. in the back of the leg with an assault rifle.
- The trial court rejected Saeed’s self-defense claim and imposed prison sentences plus $1,702 in costs and fees.
- Saeed appealed, arguing improper application of self-defense law, improper inference of intent, and that the costs and fees imposed were unconstitutional as excessive fines and for not being applied to library funding per Michigan constitution.
Issues
| Issue | People’s Argument | Saeed’s Argument | Held |
|---|---|---|---|
| Misapplication of Self-Defense Law | Defendant’s use of force was not reasonable/self-defense not warranted | Trial court erred by faulting him for not retreating and not applying a presumption he was in fear | Self-defense not applicable; no honest/reasonable belief of imminent harm |
| Inference of Intent (AWIGBH Conviction) | Use of weapon & circumstances support inference of intent | Court made an improper mandatory inference from weapon use | Any inference was permissive, not mandatory; error, if any, was harmless |
| Excessive Fines Clause Violation | Fines proportionate to gravity of offense; statutes presumed constitutional | Fees/costs are excessive and court failed to assess his ability to pay | Costs/fees not grossly disproportionate; no Excessive Fines violation |
| Library Funding Clause Violation | Court costs and fees are compensatory, not punitive | Costs/fees must support public libraries as they are “fines” | Statutes do not violate library funding clause; costs/fees not “fines” under this provision |
Key Cases Cited
- People v. Dupree, 486 Mich 693 (Mich. 2010) (self-defense is available outside murder/manslaughter, but not for aggressors)
- United States v. Bajakajian, 524 US 321 (U.S. 1998) (proportionality test for determining excessive fines)
- People v. Stevens, 306 Mich App 620 (Mich. App. 2014) (intent to do great bodily harm can be inferred from use of deadly weapon)
- People v. Riddle, 467 Mich 116 (Mich. 2002) (duty to retreat depends on role in physical altercation)