Felony-firearm; MCL 750.227b(1); Carrying a dangerous weapon with unlawful intent; MCL 750.226; People v Ackah-Essien; Directed verdict; Sufficiency of the evidence; Criminal intent; Stolen ghost gun; Inconsistent verdicts; People v Lewis; People v Putman
The court held that the trial court properly denied defendant’s directed-verdict motion on the carrying-with-intent charge because “a rational trier of fact could determine that the elements of carrying with intent existed beyond a reasonable doubt.” Defendant was convicted of felony-firearm after police found him and another man outside the victim’s home around midnight wearing black clothing, face masks, protective vests, and latex gloves, and defendant had a stolen “ghost gun.” On appeal, the court held that the movement element was sufficiently supported because defendant was with the other man at the house and “the jury was permitted to make reasonable inferences that defendant and the other man drove together from another location to the victim’s home.” The court also held that there was sufficient intent evidence because defendant had a stolen ghost gun in his waistband, falsely claimed he worked security and was picking up a client, wore clothing and gear consistent with a planned break-in, and his companion had removed a surveillance camera and possessed weapons and burglary tools. Thus, “a rational jury could discredit defendant’s story, reasonably infer that he knew about and was complicit in what the other man was doing, and intended to use the gun against another person.” Because “a directed verdict was not warranted,” the related felony-firearm conviction “need not be vacated, even though he was acquitted of carrying with intent.” Affirmed.
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