Sufficiency of the evidence; Self-defense; Deadly force; MCL 780.972(1)(a); AWIM; MCL 750.83; Carrying a concealed weapon; MCL 750.227; Felony-firearm; MCL 750.227b; Initial aggressor; Excessive force; People v Dupree; People v Guajardo

The court held that the prosecution presented sufficient evidence to disprove defendant’s self-defense theory beyond a reasonable doubt. He was convicted of AWIM, CCW, and felony-firearm after surveillance video showed him firing multiple shots toward two people (S and D) at a gas station. He claimed he acted in self-defense because he feared S, but the prosecution presented video and physical evidence showing no shots came from S and D’s location. On appeal, the court held that the jury could reject defendant’s testimony because the video did not show either S or D with a firearm, showed them in a “‘defensive-type position,’” and the physical evidence showed “‘[t]here was no evidence that any gun was fired from the west side of the parking lot.’” The court also reasoned that defendant admitted nothing stopped him from leaving, that he moved toward the place he claimed the threat was coming from, and that seven casings were fired from his weapon. Thus, the jury could find he escalated the encounter, used excessive force, and did not honestly and reasonably believe deadly force was necessary to prevent imminent death or great bodily harm. Affirmed.