780 N.W.2d 311 (Mich.App. 2009), 286705, People v. Lacalamita

Docket Nº:286705.
Citation:780 N.W.2d 311, 286 Mich.App. 467
Opinion Judge:PER CURIAM.
Party Name:PEOPLE v. LACALAMITA.
Attorney:Michael A. Cox, Attorney General, B. Eric Restuccia, Solicitor General, Jessica R. Cooper, Prosecuting Attorney, John S. Pallas, Chief, Appellate Division, and Marilyn J. Day, Assistant Prosecuting Attorney, for the people. Peter Ellenson, Royal Oak, for defendant.
Judge Panel:Before: DONOFRIO, P.J., and SAWYER and OWENS, JJ.
Case Date:December 15, 2009
Court:Court of Appeals of Michigan
 
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Page 311

780 N.W.2d 311 (Mich.App. 2009)

286 Mich.App. 467

PEOPLE

v.

LACALAMITA.

No. 286705.

Court of Appeals of Michigan.

December 15, 2009

Submitted Dec. 10, 2009, at Detroit.

Page 312

Michael A. Cox, Attorney General, B. Eric Restuccia, Solicitor General, Jessica R. Cooper, Prosecuting Attorney, John S. Pallas, Chief, Appellate Division, and Marilyn J. Day, Assistant Prosecuting Attorney, for the people.

Peter Ellenson, Royal Oak, for defendant.

Before: DONOFRIO, P.J., and SAWYER and OWENS, JJ.

PER CURIAM.

[286 Mich.App. 468] Defendant appeals as of right his jury trial convictions of one count of first-degree premeditated murder, MCL 750.316, two counts of assault with intent to commit murder, MCL 750.83, and three counts of possession of a firearm during the commission of a felony, MCL 750.227b. Because the jury's verdict was not against the great weight of the evidence and because the trial court did not abuse its discretion by denying defendant's request to make a surrebuttal argument, we affirm.

This case arises from the fatal shooting of Madeline Kafoury and the nonfatal shootings of Paul Riva and Alan Steinberg on April 9, 2007, at the offices of Gordon Advisers in Troy, Michigan. Steinberg testified that he met defendant while working at Gordon Advisers because he had supervised defendant on a couple of audits. According to Steinberg, defendant's employment was terminated by Gordon Advisers a few days before the shootings. On the day of the incident, Steinberg was in his office at approximately 10:00 a.m. While Steinberg was standing in his office, he saw defendant standing in his doorway. Defendant, who was holding a shotgun, said hello and asked Steinberg to sit down and then asked whether Steinberg would like to be shot. Steinberg approached defendant and told him he could not have a gun in the office. Defendant then cocked the [286 Mich.App. 469] gun, and when Steinberg grabbed it, defendant shot Steinberg in the upper thigh.

Page 313

Riva, a partner at Gordon Advisers, testified that Kafoury was a receptionist at Gordon Advisers and was the receptionist on the day of the incident. Around 10:00 a.m. on the morning of the incident, Kafoury came into Riva's office and told him that defendant wanted to see the partners in the conference room. Riva walked out of his office and saw defendant, who pointed his gun at Riva and shot him in the chest. Defendant also shot Kafoury. Defendant then left the building and headed north on I-75 where he was eventually apprehended by the police.

Defendant first argues that the verdict was against the great weight of the evidence because the evidence clearly showed that he was legally insane at the time of the offense. We review for an abuse...

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