PEOPLE OF MI V DOUGLAS TIERRA WILSON
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
July 18, 1997
Plaintiff-Appellee,
v
No. 198276
Recorder’s Court
LC No. 94-013076
DOUGLAS TIERRA WILSON,
Defendant-Appellant.
Before: Doctoroff, P.J., and MacKenzie and Griffin, JJ.
PER CURIAM.
Defendant appeals as of right from his bench trial convictions for second-degree murder, MCL
750.317; MSA 28.549, and possession of a firearm during the commission of a felony, MCL
750.227b; MSA 28.424(2). Defendant was sentenced to twenty-five to sixty-five years’ imprisonment
for the second-degree murder conviction, consecutive to two years’ imprisonment for the felony-firearm
conviction. We affirm.
On appeal, defendant first argues that the verdict contravened the great weight of the evidence.
We disagree. After a bench trial, defendant need not file a motion to remand to preserve a challenge to
the great weight of the evidence. MCR 7.211(C)(1)(c). Where defendant did not make a motion for a
new trial, we review this issue to determine whether the verdict was manifestly against the great weight
of the evidence. People v Turner, 62 Mich App 467, 470; 233 NW2d 617 (1975). A verdict may
be vacated only when it “does not find reasonable support in the evidence, but is more likely to be
attributed to causes outside the record such as passion, prejudice, sympathy, or some extraneous
influence.” People v DeLisle, 202 Mich App 658, 661; 509 NW2d 885 (1993), quoting Nagi v
Detroit United Railway, 231 Mich 452, 457; 204 NW 126 (1925).
To prove second-degree, or common-law, murder, the prosecution must establish “(1) a death,
(2) caused by an act of the defendant, (3) absent circumstances of justification, excuse, or mitigation,
(4) done with an intent to kill, an intent to inflict great bodily harm, or an intent to create a very high risk
of death with the knowledge that the act probably will cause death or great bodily harm.” People v
Bailey, 451 Mich 657, 669; 549 NW2d 325 (1996), quoting People v Dykhouse, 418 Mich 488,
-1
508-509; 345 NW2d 150 (1984). “The elements of felony-firearm are that the defendant possessed a
firearm during the commission or attempt to commit a felony.” People v Davis, 216 Mich App 47, 53;
549 NW2d 1 (1996), citing People v Passeno, 195 Mich App 91, 97; 489 NW2d 152 (1992).
After a thorough review, we hold that defendant’s conviction does not contravene the great
weight of the evidence. On the night the victim was fatally shot, approximately five minutes after a
gunshot sounded nearby, defendant entered his apartment and told his roommate that he had just
knocked down and shot an older man in the mouth or neck. Defendant told a similar story to another
witness. The chief medical examiner recovered a nonfatal bullet from the back of the victim’s neck and
a fatal bullet from the hypothalamus region of the brain, and further remarked that the scraping injuries
on the victim’s forehead were characteristic of injuries one would sustain from a fall. Additionally,
defendant was seen in possession of the firearm which fired the fatal bullet both before and after the
shooting. This evidence linking defendant to the fatal shooting constitutes ample evidence to sustain his
convictions. People v Wolfe, 440 Mich 508, 515; 489 NW2d 748 (1992), amended 441 Mich 1201
(1992).
Next, defendant claims that his sentence is disproportionate under People v Milbourn, 435
Mich 630; 461 NW2d 1 (1990), and constituted cruel and/or unusual punishment. However,
defendant’s sentence is within the sentencing guidelines’ range and is therefore presumptively
proportionate. People v Broden, 428 Mich 343, 354-355; 408 NW2d 789 (1987); People v
Cutchall, 200 Mich App 396, 410; 504 NW2d 666 (1993). Defendant has failed to rebut the
presumption of proportionality. Indeed, defendant shot a defenseless elderly man in the head and neck.
Moreover, this Court has upheld equal or larger minimum sentences for non-homicide offenses. See,
e.g., People v Marshall, 204 Mich App 584; 517 NW2d 554 (1994) (80 to 120 years for assault
with the intent to commit murder). Other jurisdictions have upheld minimum sentences exceeding
twenty-five years for defendants without a prior criminal record who were convicted of second-degree
murder. See, e.g., State v Pliskaner, 128 NH 486; 517 A2d 795 (1986) (thirty-five year minimum
sentence for second-degree murder); State v Ethridge, ___ La App ___; 688 So 2d 1274 (1997)
(forty-five year minimum sentence for attempted second-degree murder).
Because defendant’s sentences are not disproportionate in relation to his crimes, they are
neither cruel nor unusual. People v Bullock, 440 Mich 15, 40-41; 485 NW2d 866 (1992); People v
Williams (After Remand), 198 Mich App 537, 543; 499 NW2d 404 (1993).
Affirmed.
/s/ Martin M. Doctoroff
/s/ Barbara B. MacKenzie
/s/ Richard Allen Griffin
-2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
