People v. Wilbourn-Little

• Decision Date: 28 October 2021
• Docket Number: 349737
• Parties: PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. WILLIAM RANDEL WILBOURN-LITTLE, Defendant-Appellant.
• Court: Court of Appeal of Michigan — District of US

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
v.
WILLIAM RANDEL WILBOURN-LITTLE, Defendant-Appellant.

No. 349737

Court of Appeals of Michigan

October 28, 2021

UNPUBLISHED

Wayne Circuit Court LC No. 2018-009045-01-FC

Before: Murray, C.J., and Jansen, and, Riordan, JJ.

PER CURIAM.

Defendant appeals as of right his jury trial convictions of three counts of first-degree murder, MCL 750.316(1)(a); felon in possession of a firearm (felon-in-possession), MCL 750.224(F); and four counts of possession of a firearm during the commission of a felony (felony-firearm), MCL 750.227b(2). Defendant was sentenced to life in prison without the opportunity for parole for each of his first-degree murder convictions, 33 months to 5 years' imprisonment for his felon-in-possession conviction, and 5 years' imprisonment for each of his felony-firearm convictions. On appeal, defendant argues (1) there was insufficient identification evidence to support his convictions; (2) trial counsel was ineffective for failing to call additional alibi witnesses, failing to call any rebuttal expert witnesses, and failing to effectively cross-examine eyewitnesses at trial; and (3) the trial court erred in admitting the highly prejudicial statement from one of the victim's at trial. We affirm defendant's convictions.

I. FACTS AND PROCEEDINGS

This case arises from a shooting incident, which resulted in the death of three victims: Deshawn Gadson, Trevaughn Anthony, and Rashaun Harrington.

On September 8, 2018, at about 11:00 p.m., Maurice Jones, Micah Pittman, and the three victims went to a White Castle restaurant on Livernois Avenue in Detroit. The group drove to the White Castle in two separate vehicles: Gadson and Pittman in a car and Anthony, Harrington, and Jones in a pickup truck. When they arrived, a White Castle employee unlocked the doors and allowed the victims and Jones to go inside to order food while Pittman waited in the car. Shortly thereafter, Pittman saw Tamarrian Brassel, who was known to be friends with defendant, driving

1

a black car around the outside of the White Castle. Pittman called Brassel on her cellphone, had a conversation for less than one minute, and then hung up and tried to sleep. Meanwhile, inside the White Castle, Jones stated the victims were talking about "ops riding past and cars riding back and forth[, ]" meaning "opponents or people they don't like." Jones's food order was completed first, so he left the White Castle and went to his pickup truck while the victims waited inside. A few minutes later, Pittman saw two individuals, a taller person with a "high-powered" long gun and a shorter person with a handgun, at the side doors of the White Castle. Similarly, Jones saw three individuals, from his vehicle, which included a taller person with an "assault rifle" and a medium and short person each with handguns, outside the White Castle. Pittman and Jones testified that the shooters wore masks and the taller shooter wore a black shirt and pants. Jones and Pittman then heard multiple gunshots. When police arrived, Pittman identified defendant, Brassel, Farrad Anderson, ^[1] and Courvoisier Jackson^[2] as being involved in the shooting from still photographs of video surveillance footage.

Video surveillance footage was recovered from several cameras around the White Castle building and a Valero gas station, about 60 yards from the White Castle. Michigan State Police Detective Mark Lambert reviewed the videos, revealing about two hours before the shooting, a blue Ford Taurus and black Toyota Camry pulled into the gas station. A few minutes later, a person, identified by Detective Lambert as defendant, exited the Taurus, walked to a silver Saturn Vue parked nearby, and obtained a sweatshirt and what appeared to be an assault rifle. The Taurus then left and returned to the gas station several times. At about 12:15 a.m., the Taurus left the gas station, driving toward the White Castle and followed by the Camry. The shooting then occurred at 12:19 a.m. After the incident, police officers discovered the Taurus near the White Castle, and found it to be registered to Anderson's mother. The police then found the Camry at Brassel's residence, and ultimately tracked and recovered it near Anderson's residence. The Vue was found at Jackson's residence and a black mask was in its trunk.

Outside the White Castle, the police recovered several 7.62 x 39, ^[3] 40-caliber, and 45-caliber bullet casings, a fired bullet, and lead bullet fragments. Inside the White Castle, police recovered a 45-caliber handgun, 40-caliber handgun, 9-milimeter handgun, 40-caliber S&P, R&P, and Smith and Wesson bullet casings, 7.62 x 39 bullet casings, a 40-caliber magazine, and silver and copper bullet fragments. Additionally, a search warrant executed at Jackson's residence recovered a 9-milimter handgun, gun holder, 45-caliber ammunition, and a 7.62 x 39 rifle round. The brands of the ammunition and rifle round from Jackson's residence matched the brands of casings recovered from the scene of the incident. In January 2019, Detroit Police Officer Kevin Butters recovered a firearm in a crate in the backyard of a house.

At trial, Michigan State Police Lieutenant Ronald Crichton testified as a qualified expert in firearm and tool mark analysis. Lieutenant Crichton examined the bullet casings, fired bullets, bullet fragments, and firearms recovered from the incident and resulting search warrant, testifying

2

that the firearm recovered in January 2019 matched some of the 7.62 x 39 casings recovered from the scene of the incident. Lieutenant Crichton also concluded the 7.62 x 39 rifle round recovered from Jackson's residence and some of the 7.62 x 39 casings recovered from the scene of the incident were the same brand. In addition, Detroit Police Department Forensic Analyst Melanie Weathers testified as a qualified expert regarding cellular records and tele-mapping data. Weathers stated defendant's cellphone records indicated his cellphone was turned off at about 9:15 p.m. on the night of the incident. At 12:39 a.m., defendant's cellphone became active north of the White Castle. Weathers admitted there was no way to know where defendant's cellphone was between 9:15 p.m. and 12:39 a.m.

Lastly, Crystal Gray, the mother of defendant's minor son, testified that defendant came home the night of the shooting at about 12:00 a.m. Gray stated defendant sat with their son while Gray finished with a client's hair. While at the house, Gray stated defendant called her from inside the house, and defendant received telephones calls because "people thought he was involved" in the shooting. At about 12:45 a.m., defendant left the house. Beyond this information, Gray did not know how defendant got to or left the house, who dropped off or picked up defendant, or where defendant had been or was going. After the presentation of evidence, the jury found defendant guilty of first-degree murder of the victims and the felon-in-possession and felony-firearms charges.

II. ANALYSIS

The trial court did not err in finding there was sufficient identification evidence to support defendant's convictions. In addition, defendant was not denied effective assistance of counsel by trial counsel's decision to not call additional alibi witnesses or any rebuttal expert witnesses or the extent to which trial counsel cross-examined eyewitnesses at trial. Further, the trial court did not err in admitting a statement made by deceased victim, Anthony, at trial about defendant prior to the time he was shot.

A. SUFFICIENCY OF THE EVIDENCE

First, defendant argues there was insufficient evidence, specifically evidence identifying him as a shooter, to support his convictions. We disagree.

"A challenge to the sufficiency of the evidence in a jury trial is reviewed de novo, viewing the evidence in the light most favorable to the prosecution, to determine whether the trier of fact could have found that the essential elements of the crime were proved beyond a reasonable doubt." People v Gaines, 306 Mich.App. 289, 296; 856 N.W.2d 222 (2014). This Court "must defer to the fact-finder by drawing all reasonable inferences and resolving credibility conflicts in support of the jury verdict." People v Schumacher, 276 Mich.App. 165, 167; 740 N.W.2d 534 (2007).

"Due process requires that the evidence show guilt beyond a reasonable doubt in order to sustain a conviction." People v Unger, 278 Mich.App. 210, 222; 749 N.W.2d 272 (2008). To establish first-degree murder, "the prosecution must establish beyond a reasonable doubt a '[m]urder perpetrated by means of poison, lying in wait, or any other willful, deliberate, and premeditated killing.'" People v Oros, 502 Mich. 229, 240; 917 N.W.2d 559 (2018), quoting MCL 750.316(1)(a). The essential elements required to prove first-degree murder are: "(1) the

3

intentional killing of a human (2) with premeditation and deliberation." Id. (quotation marks and citation omitted). In addition, "identity is an element of every offense." People v Yost, 278 Mich.App. 341, 356; 749 N.W.2d 753 (2008). "Circumstantial evidence and reasonable inferences that arise from the evidence can constitute sufficient proof of the elements of the crime." People v Taylor, 275 Mich.App. 177, 179; 737 N.W.2d 790 (2007) (quotation marks and citation omitted). "[A] reviewing court is required to draw all reasonable inferences and make credibility choices in support of the jury verdict." Id. (quotation marks and citation omitted).

A rational trier of fact could find the essential elements of first-degree murder were proven beyond a reasonable doubt. Defendant does not dispute that the crime occurred. However, defendant contends there is no evidence that identifies him at the scene of the incident or identifies him as a shooter. In support of his argument, defendant points to the lack of DNA evidence and cellphone data linking...