People v. Ackah-Essien
311 Mich. App. 13
| Mich. Ct. App. | 2015Background
- Defendant Dylin Ackah-Essien was convicted after a second jury trial of conspiracy to commit armed robbery, armed robbery, unlawful imprisonment, larceny from a motor vehicle, unlawfully driving away an automobile, larceny in a building, receiving/concealing stolen property, and carrying a weapon with unlawful intent. One conviction (MCL 750.226) was later vacated.
- The crime: a pizza delivery driver was lured to an abandoned house by a false order; defendant and co-defendants waited armed, robbed and restrained the victim, stole the car and property, then split the proceeds.
- Witnesses (co-defendants) testified defendant proposed the robbery, arranged the false order, signaled the attack, held a handgun-style BB gun to the victim’s face, and tried to remove the car’s plate. Some co-defendants pleaded guilty and testified against defendant.
- Defendant testified he was not involved, denied seeing a BB pistol, and said he learned of the robbery only after the fact.
- The Court of Appeals affirmed all convictions and sentences except it vacated the MCL 750.226 conviction because the evidence established only a BB gun (excluded from the statute’s catchall by statute and ejusdem generis analysis).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BB gun qualifies under MCL 750.226’s “pistol or other firearm … or any other dangerous or deadly weapon or instrument” | Prosecution: BB gun functioned and appeared dangerous (pointed at victim; stove glass allegedly broken) and thus falls within statute’s catchall | Defendant: BB gun is not a firearm and not a dangerous/deadly instrument under MCL 750.226; conviction insufficient | Court: Vacated MCL 750.226 conviction — BB guns (smoothbore .177 cal per statute) are excluded from "firearm" and, under ejusdem generis, not within catchall absent proof of weapon being dangerous per se; evidence insufficient to sustain charge |
| Whether retrial after mistrial (hung jury) violated Double Jeopardy | Prosecution: Trial court properly declared mistrial for manifest necessity because jury deadlocked after deliberations and instruction | Defendant: Mistrial was not supported by manifest necessity; second trial violated double jeopardy | Court: Affirmed retrial; trial court did not abuse discretion—hung jury is prototypical manifest necessity and judge acted within discretion |
| Whether OV 10 (predatory conduct/vulnerable victim) was properly scored at 15 points | Prosecution: Preoffense planning, selection of isolated abandoned house, false order and lying in wait show predatory conduct | Defendant: Argued predatory conduct not present | Court: Affirmed 15 points — preoffense planning and lying in wait to victimize delivery person satisfied predatory conduct |
| Whether OV 14 (leader in multiple-offender situation) was properly scored at 10 points | Prosecution: Defendant initiated robbery plan, arranged order, signaled attack, held gun — acted as leader | Defendant: Denied leadership role | Court: Affirmed 10 points — evidence supported finding defendant acted as guiding/directing head |
Key Cases Cited
- People v Cole, 491 Mich 325 (court’s de novo statutory interpretation standard)
- People v Mitchell, 301 Mich App 282 (elements of MCL 750.226; "goes armed" and intent)
- People v Parker, 288 Mich App 500 (distinguishing dangerous-per-se weapons and catchall construction)
- People v Feezel, 486 Mich 184 (statutory interpretation principles)
- People v Smith, 393 Mich 432 (use of ejusdem generis in weapons statute construction)
- People v Unger, 278 Mich App 210 (deference to jury credibility findings)
- People v Nowack, 462 Mich 392 (sufficiency review standards)
- People v Hershey, 303 Mich App 330 (use of dictionary for statutory meaning)
- People v Cannon, 481 Mich 152 (OV 10 vulnerable-victim principles)
- People v Huston, 489 Mich 451 (predatory conduct—lying in wait)
- Renico v Lett, 559 US 766 (deference to trial court on jury deadlock/mistrial)
- People v Carines, 460 Mich 750 (plain-error standard)