Waiver of jurisdiction over respondent-juvenile to be tried as an adult; Probable cause; MCR 3.950(D)(1); Factors in MCR 3.950(D)(2)(d); MCL 712A.4(4)

Concluding that there were no errors warranting reversal regarding the trial court waiving jurisdiction over respondent-juvenile to be tried as an adult and transferring the case to the criminal division of the circuit court, the court affirmed. Respondent was charged with open murder for the shooting death of M. “Because respondent was a minor when the offense occurred,” the prosecution (petitioner) “initially filed a delinquency petition in the trial court. Later, petitioner filed a motion asking the court to waive jurisdiction and allow respondent to be tried as an adult. Petitioner also asked for” a CCW charge to be added. After the first phase of the waiver hearing, the trial “court determined that there was probable cause that respondent committed the offenses of open murder and [CCW]. And, after the second phase of the waiver hearing, [it] found that the interests of respondent and the public would be best served by waiver.” As to the first phase, the court held that there was “enough to ‘conscientiously entertain’ a reasonable belief that respondent either fired the shots that resulted in [M’s] death, or acted in concert with his co-respondent to cause [M’s] death and is guilty of felony murder or guilty on an aiding and abetting theory, based on the evidence presented.” Thus, the trial court “did not clearly err by finding that there was probable cause to believe that respondent committed the offenses of open murder and” CCW. As to the second phase, the court concluded “the trial court did not abuse its discretion by determining that the interests of respondent and the public would be best served by a waiver.”