Sufficient evidence for a first-degree murder conviction; People v. Bennett; Aiding & abetting; People v. Robinson; Felony murder; People v. Lane; Facts & circumstances giving rise to an inference of malice; People v. Carines; Admission of autopsy photos; Waiver; People v. Buie; Relevance; MRE 401; Unfair prejudice; MRE 403; People v. Mesik (On Reconsideration)

Holding that there was sufficient evidence to support defendant’s first-degree murder conviction on an aiding and abetting theory, and that there was no plain error in the admission of autopsy photos, the court affirmed. He was convicted of first-degree murder supported by the theories of premeditated and felony murder, armed robbery, felony-firearm, and obstruction of justice. The court found that sufficient circumstantial evidence and reasonable inferences existed that he “performed acts to assist in the commission of premeditated murder and intended the commission. Defendant told the vehicle occupants that the victim needed a ride to pick up bail money and promised” the vehicle’s driver (B) gas money if he would “drive him. After the victim got out of the car to collect the money, defendant exchanged whispers with” another vehicle occupant (T). He then stood nearby while the victim obtained the money. As “the victim returned to the vehicle, defendant gave a hand gesture to [B] to drive off to prevent the victim from entering the vehicle.” B drove away and turned a corner. “At that time, defendant reportedly told the victim to ‘gimme’ and that he ‘didn’t want to do it to you bro.’ [T] then shot the victim multiple times. Defendant then instructed [T] to ‘finish’ killing the victim, and [T] again shot the victim multiple times.” Defendant removed the victim’s shoes, “laughed in the vehicle, carried the shoes, and stated that the victim should have sold him the shoes. Although it was unclear whether defendant or [T] took the bail money, the men had the money when they entered the vehicle and split the proceeds, further” indicating his planning of the crime. His instruction for T to finish the killing also showed that he “intended the murder and was not surprised by [T’s] actions. Under the circumstances, there was sufficient evidence to establish that defendant aided and abetted first-degree premeditated murder.” The court further held that there was sufficient evidence to support his conviction on the basis he aided and abetted felony murder, and that unfair prejudice did not substantially outweigh the photos’ probative value.