Bindover; Motion to quash; Felony murder; MCL 750.316(1)(b); People v Carines; Felony-firearm; MCL 750.227b(1); People v Bass; Motion to suppress; Miranda waiver; Reinitiation after counsel request; People v Kowalski; Sufficiency of the evidence; People v Kenny

The court held that the district court properly bound defendant over on the felony murder and felony-firearm charges, that the trial court properly denied suppression of defendant’s postarrest statements, and that sufficient evidence supported the felony murder and felony-firearm convictions. Defendant, L, and E broke into the victim’s house. Defendant forced open the front door and entered first, the victim yelled for them to “get out,” and during defendant’s struggle with the victim, the victim was fatally shot. The trial court denied his motion to quash and his motion to suppress. A jury convicted him of felony murder, first-degree home invasion, and felony-firearm. On appeal, the court held that the bindover on felony murder was proper because there was evidence he was “the first to enter,” that he advanced toward the victim after being told to leave, that he was “the only person to tussle and engage with the victim,” and that after the shot he said, “I hit him.” This evidence was enough to support a reasonable belief that he “intentionally set in motion a force likely to cause death or great bodily harm.” The court next held that the bindover on felony-firearm was proper because L testified that he never fired his gun, E had no gun, and defendant was the only person engaging with the victim when the shot was fired. The court also held that suppression was unwarranted because, after defendant invoked counsel, the detectives did not interrogate him, they merely clarified that they could not continue unless he reinitiated contact. Defendant did so by knocking on the interview-room door and later knowingly and voluntarily waiving his rights again. The court finally held that the trial evidence, including testimony that defendant had a gun handle visible in his sweatshirt and that neither L’s gun nor the victim’s shotgun fired the fatal bullet, was sufficient to sustain the convictions. Affirmed.