Sufficiency of evidence; Third-degree fleeing & eluding; MCL 257.602a(3); Awareness of order to stop; Intent to flee or elude; People v Grayer; Domestic violence; MCL 750.81(2); Assault or battery; People v Terry

The court held that sufficient evidence supported defendant’s third-degree fleeing-and-eluding and domestic-violence convictions. Following a bench trial, defendant was convicted after a neighbor dispute involving police and an altercation with his sister. On appeal, the court first held that the evidence supported his fleeing-and-eluding conviction because the dashcam video showed his vehicle was already moving when Officer J ordered him to stop, and the officers later activated the patrol vehicle’s lights and siren while he was driving. The court rejected defendant’s claim that he was unaware of the order, noting the trial court could credit Officer J’s testimony that the window was down and that “a reasonable person would have been able to hear the siren” regardless. It also held that the evidence supported an intent to flee or elude because defendant accelerated backward down the street, drove away after the lights and siren were activated, and appeared not to come to a complete stop at a stop sign while the patrol vehicle followed. The court next held that sufficient evidence supported domestic violence. Although defendant and his sister testified he tried to hug her, Officer G testified he saw defendant shove her, and another witness saw her fall backward as if pushed. The court reasoned that even under defendant’s version of events, a rational factfinder could find his sister “apprehended an immediate battery” when she rejected his attempted hug. Affirmed.