People v. Guajardo
300 Mich. App. 26
Mich. Ct. App.2013Background
- Defendant Borrello was convicted by a jury of second-degree murder, felon-in-possession of a firearm, and two felony-firearm counts.
- Powell was shot at a boarding house in Saginaw on December 17, 2010, soon after a period of verbal altercations and disputes over eviction and ownership.
- Powell initially possessed a rifle and interactions with O’Valle and Williams preceded the shooting; gun retrieval and movement occurred within the boarding house.
- Defendant testified the shooting was accidental, arguing he retrieved a supposedly unloaded rifle to intimidate Powell as fear arose during the confrontation.
- The trial court refused to give a self-defense instruction, instead instructing on a theory of accident; defense counsel objected to the absence of self-defense and defense-of-others instructions.
- On appeal, the court held that a felon in possession may raise self-defense under the Self-Defense Act if supported by evidence, but found no evidence here that justified self-defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can a felon in possession raise self-defense under the SDA? | People argue SDA allows self-defense only under explicit conditions, but felon status may not bar defense. | Borrello contends felon-in-possession precludes such defenses under the SDA. | Felon may raise self-defense if evidence supports it. |
| Was self-defense instruction required given the evidence? | People assert evidence supported self-defense under the SDA for a felon with firearm. | Borrello asserts no reasonable belief of imminent danger; defendant was aggressor. | No; the court did not abuse its discretion in denying a self-defense instruction. |
Key Cases Cited
- People v Dupree, 486 Mich 696 (Mich. 2010) (felon-in-possession defense available under common law if supported by evidence)
- People v Dupree, 486 Mich 707 (Mich. 2010) (common-law self-defense embedded; not abrogated by felon status unless clearly indicated)
- People v Trammell, 70 Mich App 351 (Mich. Ct. App. 1976) (court upheld no-self-defense instruction where defense argued accident)
- People v Heflin, 434 Mich 482 (Mich. Supreme Court 1990) (defining consistency of defense elements in justifiable use of force)
- People v Lemons, 454 Mich 234 (Mich. Supreme Court 1997) (affirmative defenses must be supported by evidence)