People of Michigan v. Tonya Mallett-Rathell
330327
| Mich. Ct. App. | Apr 27, 2017Background
- Defendant Tonya Mallett-Rathell was tried in a bench trial and convicted of assault and battery (MCL 750.81(1)) and fourth-degree child abuse (MCL 750.136b(7)); sentenced to two years’ probation on each count.
- Incident occurred during a family game; defendant pushed and dragged her 14-year-old daughter (JC), grabbed her by the collar causing a choking sensation, and held a butcher’s knife to the child’s throat.
- Prosecution charged four counts: felonious assault (use of the knife), fourth-degree child abuse (choking and/or knife conduct), and two assault-and-battery counts (pushing/dragging and collar/grab).
- Trial court dismissed one assault count (count 4) pre-verdict, acquitted defendant of felonious assault (finding insufficient intent regarding the knife), but convicted on fourth-degree child abuse (knife posed unreasonable risk) and an assault-and-battery count (based on the pushing/dragging).
- Defendant appealed, arguing the convictions were inconsistent because the court found insufficient intent for felonious assault and thus could not have found intent for assault/battery or child abuse.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether verdicts were inconsistent such that convictions must be reversed | Prosecutor: convictions are consistent because acquittal on felonious assault related to lack of intent re: knife, while other convictions involved different factual bases and mens rea (pushing/dragging and risk from knife) | Defendant: acquittal on felonious assault (no intent to injure or cause apprehension) means insufficient evidence of intent for assault/battery and child abuse; verdicts therefore inconsistent | Affirmed. Court held no irreconcilable inconsistency: acquittal concerned intent element for felonious assault with weapon, while convictions rested on different findings (intent for pushing/dragging assault and knowingly creating unreasonable risk for child abuse) |
Key Cases Cited
- People v Russell, 297 Mich App 707 (review of inconsistent-verdict claims) (de novo review of constitutional inconsistent-verdict claim)
- People v Ellis, 468 Mich 25 (trial judge may not enter an inconsistent verdict; verdicts inconsistent if they cannot be rationally reconciled)
- People v Smith, 231 Mich App 50 (no reversal if trial court's factual findings and verdicts are reconcilable)
- People v Avant, 235 Mich App 499 (elements of felonious assault include assault, dangerous weapon, and intent to injure or cause apprehension)