People v. Thomas, Docket No. 77-3591

• Decision Date: 19 September 1978
• Docket Number: Docket No. 77-3591
• Citation: 85 Mich.App. 618,272 N.W.2d 157
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Daniel Lindley THOMAS, Defendant-Appellant. 85 Mich.App. 618, 272 N.W.2d 157
• Court: Court of Appeal of Michigan — District of US

Page 157

272 N.W.2d 157

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Daniel Lindley THOMAS, Defendant-Appellant.

Docket No. 77-3591.

85 Mich.App. 618, 272 N.W.2d 157

Court of Appeals of Michigan.

Sept. 19, 1978.

Rehearing Denied Nov. 9, 1978.

Released for Publication Dec. 18, 1978.

[85 MICHAPP 620] Lee Boothby, Berrien Springs, for defendant-appellant.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Fred Hunter, Pros. Atty., Thomas C. Nelson, Pros. Atty. Appellate Service, for plaintiff-appellee.

Before D. E. HOLBROOK, Jr., P. J., and T. M. BURNS and VanVALKENBURG, ^* JJ.

[85 MICHAPP 621] D. E. HOLBROOK, Jr., Presiding Judge.

Charged with second-degree murder, M.C.L. § 750.317; M.S.A. § 28.549, defendant was convicted by a jury of involuntary manslaughter, M.C.L. § 750.321; M.S.A. § 28.553. Thereafter, sentenced to a prison term of 5 to 15 years, defendant appeals as of right.

The facts pertinent to this appeal are as follows:

The victim, a 19 year old male "catatonic schizophrenic", was at the time of his death a resident of Oak Haven, a religious practical training school. When it appeared he was not properly responding to ordinary treatment, defendant, the work coordinator at Oak Haven, obtained permission from the victim's parents to discipline him if such seemed necessary. Thereafter defendant, together with another supervisor at Oak Haven, took decedent to the edge of the campus, whereupon decedent's pants were taken down, following which he was spanked with a rubber hose. Such disciplinary session lasted approximately 15 to 30 minutes. During a portion thereof decedent's hands were tied behind his back for failure to cooperate.

Following the disciplinary session aforesaid, defendant testified that the young man improved for awhile but then commenced to backslide. Defendant again received permission from decedent's parents to subject him to further discipline. On September 30, 1976, defendant again took decedent to the approximate same location, removed his pants, bound his hands behind him with a rope looped over a tree limb and proceeded to beat him with a doubled-over rubber hose. This beating lasted approximately 45 minutes to an hour. While the evidence conflicted, it appears that the victim was struck between 30 to 100 times. The beating resulted in severe bruises ranging from the victim's waist to his feet. Decedent's roommate testified [85 MICHAPP 622] that decedent had open bleeding sores on his thighs. On the date of death, which was nine days after the beating, decedent's legs were immobile. At no time did defendant obtain medical attention for the victim.

Defendant admitted he had exercised poor judgment, after seeing the bruises, in continuing the discipline. He further testified that in the two days following the discipline, decedent seemed to be suffering from the flu, but by Sunday was up and walking and was in apparent good health until one week following the beating, when decedent became sick with nausea and an upset stomach. These symptoms continued for two days, when decedent died.

As a result of the autopsy, one Dr. Clark testified that the bruises were the result of a trauma and that decedent was in a state of continuous traumatization because he was trying to walk on his injured legs. Dr. Clark testified that decedent's legs were swollen to possibly twice their normal size. He further testified that the actual cause of death was acute pulmonary edema, resulting from the aspiration of stomach contents. Said aspiration caused a laryngeal spasm, causing decedent to suffocate on his own vomit. Although pulmonary edema was the direct cause of death, Dr. Clark testified that said condition usually had some underlying cause and that, while there were literally hundreds of potential underlying causes, it was his opinion that in the instant case the underlying cause was the trauma to decedent's legs. In explaining how the trauma ultimately led to the pulmonary edema, Dr. Clark testified that the trauma to the legs produced "crush syndrome" or "blast trauma", also known as "tubular necrosis".

"Crush syndrome" is a condition caused when a [85 MICHAPP 623] part of the body has been compressed for a long period of time and then released. In such cases, there is a tremendous amount of tissue damage to the body part that has been crushed. When the compression is relieved, the tissues begin to return to their normal position, but due to the compression, gaps appear between the layers of tissues, and these areas fill up with blood and other body fluids, causing swelling. In the present case, Dr. Clark estimated that about 10-15% Of decedent's entire body fluids were contained in the legs, adding an additional ten pounds in weight to the normal weight of the legs and swelling them to twice their normal size. This extra blood and body fluid decreased the amount of blood available for circulation in the rest of the body and would cause the person to become weak, faint and pass out if he attempted to sit up or do other activities. Decedent was sitting up when he died. It was Dr. Clark's opinion that the causal connection between the trauma and death was more than medically probable and that it was "medically likely". He further testified he could say with a reasonable degree of medical certainty that the trauma to the legs was the cause of death.

One Agatha Thrash, a pathologist called by the defense, offered testimony to refute that of Dr. Clark, although she did admit that pulmonary edema could have been the final cause of death and that Dr. Clark was correct in finding acute tubular necrosis. She concluded that death was probably caused by "encephalo myocarditas" which is an acute swelling of the brain and heart.

On appeal defendant raises eleven issues, which for our purposes we condense into six. Choosing to reserve the most difficult for the last, we proceed to discuss the remaining five.

[85 MICHAPP 624] Appellant claims that the prosecution failed to establish the malice element of second-degree murder. We disagree. Malice or intent to kill may be inferred from the acts of the defendant. In People v. Morrin, 31 Mich.App. 301, 310-311, 323, 187 N.W.2d 434 (1971), then Judge, now Justice Levin, stated that the intent to kill may be implied where the actor actually intends to inflict great bodily harm or the natural tendency of his behavior is to cause death or great bodily harm. In the instant case defendant's savage and brutal beating of the decedent is amply sufficient to establish malice. He clearly intended to beat the victim and the natural tendency of defendant's behavior was to cause great bodily harm.

Appellant also claims that the prosecution failed to establish the elements of involuntary manslaughter. Again we di...