Sufficiency of the evidence for a second-degree murder conviction; Self-defense; People v Bailey

Holding that the evidence “was sufficient establish beyond a reasonable doubt that defendant did not kill the victim in self-defense[,]” the court affirmed his second-degree murder conviction. He was also convicted of felony-firearm, FIP of a firearm, and FIP of ammunition. He asserted the victim (his father) “charged at him, potentially with a weapon, causing defendant to fear for his safety and shoot” him. Essentially, he asked the court “to reweigh the evidence and assess the credibility of witnesses, which” it was not permitted to do. It noted that the evidence “is viewed in a light most favorable to the prosecution and issues of credibility are resolved in favor of the verdict[.]” The victim’s brother (U) and niece (C) were present for the argument between defendant and the victim, “and witnessed the shooting. There were some variances between their testimonies, but ‘[a] jury is free to believe or disbelieve, in whole or in part, any of the evidence presented.’” The testimony of U and C “established that the argument took place on the porch, that defendant eventually left the porch and walked into the street, that [he] took a gun out when he was in the street. They agreed the victim did leave the porch and begin moving toward defendant, but they both testified that they did not see a weapon in the victim’s hands.” There was no evidence he “was armed at any point. Further, [C] testified that the victim came off the porch after defendant told him to, and both eyewitnesses also testified that they did not hear [him] threaten defendant. The victim was shot seven times, and the eyewitnesses both testified that defendant continued shooting [him] after he fell to the ground. This established that the force used went beyond that necessary to repel” his advance. Another witness who was “at the house but not outside during the shooting, testified that she heard the gunshots while she was inside the house and that she then heard defendant say, ‘He ain’t gonna punk me out like that.’ This comment suggests that [he] shot the victim out of anger arising from a perceived disrespect.” Lastly, it was undisputed that he “fled the scene and lied to the police, suggesting consciousness of guilt.”