PEOPLE OF MI V CHARLES ROY ROBERT OLSON
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
December 11, 2003
Plaintiff-Appellee,
v
No. 241806
Saginaw Circuit Court
LC No. 01-020360-FC
CHARLES ROY ROBERT OLSON,
Defendant-Appellant.
Before: Whitbeck, C.J., and Hoekstra and Donofrio, JJ.
PER CURIAM.
Defendant Charles Olson appeals as of right from his jury trial convictions of seconddegree murder,1 carrying a concealed weapon,2 and possession of a firearm during the
commission of a felony.3 The trial court sentenced Olson to 22 to 33 years’ imprisonment for
second-degree murder, 3 to 5 years’ imprisonment for carrying a concealed weapon, and 2 years’
imprisonment for felony-firearm. We affirm.
I. Basic Facts And Procedural History
This case arose out of the fatal shooting of Michael Cook at 707 North Harrison in
Saginaw. On May 25, 2001, according to resident Evelyn Allison, there were several persons at
that address drinking beer and waiting to go to a party. At some point, David Green arrived and
accused the people there of having taken his shotgun. Green left but returned approximately
forty-five minutes later, with Olson and others. Green became involved in an argument with
Billy Ray Jamerson and Jamerson and Green exchanged racial slurs, then began to throw beer
bottles at each other.
Jeffrey Davis testified that, a short time later, Olson reached into the passenger seat of the
vehicle and retrieved a pistol. According to Davis, Olson was raising and lowering the gun,
pointing it at Jamerson and Detterian Jones. Davis testified that Olson’s first shot went into the
1
MCL 750.317.
2
MCL 750.227.
3
MCL 750.227b.
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ground and one or two other shots went off to one side, one of which hit Cook. Additional
witnesses testified that Olson was pointing his gun toward the group of people. Allison stated
that she heard gunshots, felt wind from a bullet burn her cheek, and had her hair singed. Other
witnesses testified instead that Olson was shooting into the air, was only firing in the direction of
Cook, or was shooting at an angle and then up into the air.
Olson testified that he was intoxicated on the night of May 25, 2001. According to
Olson, he went with Green to 707 North Harrison to help Green find his missing shotgun. Olson
stated that when they arrived at 707 North Harrison, Green and Jamerson got into an argument
and eventually bottles were thrown. Olson testified that he then walked away from the crowd
and fired his pistol five times in the air with the intent to scare people away. Olson stated that
after firing the gun, he walked around the corner to his friend’s house, threw the pistol on top of
the house, and hid inside some bushes next to 623 North Harrison. Olson claimed that he first
learned of somebody being shot when the police arrested him.
Around 12:00 a.m. on May 26, 2001, Saginaw Police Department Officers Jeffrey Doud
and Jeffrey Wenzell, and Sergeant Paul Crane responded to a shooting in the 700 block of North
Harrison. On arriving at 707 North Harrison, the officers found Cook lying in the driveway with
a gunshot wound to the head. Sergeant Crane searched the neighborhood and found a pair of
gloves behind 714 Hayes and a target pistol on top of the roof. Officer Wenzell was then
dispatched to 623 North Harrison in response to a complaint that two people were hiding at that
address; Olson was found hiding behind some bushes with a female companion.
Daniel Andrews, registered nurse with Mobile Medical Response testified that she was
dispatched to 707 North Harrison at about 12:22 a.m. She stated that Cook had an injury to the
left side of his head near his ear. Saginaw County medical examiner, Kanu Virani, M.D.,
testified that he performed an autopsy on Cook. He stated that Cook had sustained a gunshot
wound to the upper part of his left ear, with the bullet going from left to right on a horizontal
plane. Additionally, Dr. Virani stated that this type of injury could not occur if the shooter was
shooting straight up in the air.
Saginaw Police Officer Jeffrey Kaylor testified that he seized five shell casings from 707
North Harrison. He also seized black gloves and a Ruger .22 caliber semi-automatic pistol.
Michigan State Police Detective Sergeant Ronald Crichton testified that the five .22 caliber shell
casings came from that firearm. At the conclusion of the trial, the jury convicted Olson of
second-degree murder, carrying a concealed weapon, and possession of a firearm during the
commission of a felony.
II. Sufficiency Of The Evidence
A. Standard Of Review
Olson argues that there was insufficient evidence presented that he acted with the malice
required for his second-degree murder conviction. In reviewing the sufficiency of the evidence,
this court must view the evidence in the light most favorable to the prosecutor and determine
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whether a rational trier of fact could find that the essential elements of the crime were proven
beyond a reasonable doubt.4 This Court resolves all conflicts in favor of the prosecution5 and
leaves questions of credibility and intent to the trier of fact.6
B. Second-Degree Murder
The offense of second-degree murder consists of the following elements: (1) a death,
(2) caused by an act of the defendant, (3) with malice, and (4) without justification or excuse.7
Malice is defined as the intent to kill, the intent to cause great bodily harm, or the intent to do an
act with wanton and willful disregard of the likelihood that the natural tendency of the act is to
cause death or great bodily harm.8 Here, as noted above, there was evidence that Olson reached
into a vehicle to get his pistol, pointed the pistol at a crowd of people, and then fired five shots.
Although Olson testified that he fired the pistol in the air only with the intention to scare people,
other witnesses testified that he was pointing the gun at persons in the crowd. In addition, the
medical examiner testified that the type of injury Cook sustained could not occur if the shooter
was firing straight up into the air.
From the testimony presented at trial, we conclude that a rational trier of fact could have
found that Olson aimed his gun at a crowd of people and fired shots at them. The intent to do an
act in obvious disregard of life-endangering consequences is a malicious intent.9 Malice can also
be inferred from the use of a deadly weapon.10 Therefore, a rational trier of fact could conclude
that Olson’s discharge of a pistol in the vicinity of a crowd of people constituted the required
element of malice for second-degree murder.
III. Sentencing
A. Standard Of Review
Olson claims that the trial court abused its discretion by refusing to grant a downward
departure from the sentencing guidelines. If the trial court’s sentence is within the appropriate
4
People v Johnson, 460 Mich 720, 722-723; 597 NW2d 73 (1999); People v Wolfe, 440 Mich
508, 513-514; 489 NW2d 748, amended 441 Mich 1201 (1992); People v Hampton, 407 Mich
354, 366; 285 NW2d 284 (1979).
5
People v Terry, 224 Mich App 447, 452; 569 NW2d 641 (1997).
6
People v Avant, 235 Mich App 499, 506; 597 NW2d 864 (1999).
7
People v Goecke, 457 Mich 442, 463-464; 579 NW2d 868 (1998).
8
Id. at 464.
9
Id. at 466.
10
People v Carines, 460 Mich 750, 759; 597 NW2d 130 (1999); People v Turner, 213 Mich App
558, 567; 540 NW2d 728 (1995).
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guidelines’ range, this Court must affirm the sentence unless the trial court erred in scoring the
guidelines or relied on inaccurate information in determining the defendant’s sentence.11
B. Olson’s Sentence
Olson’s sentence of 22 years (264 months) falls within the guidelines’ range of 225 to
375 months. Therefore, this Court must affirm the sentence unless the trial court erred in scoring
the guidelines or relied on inaccurate information. Olson does not argue that the trial court erred
in scoring the guidelines or relied on inaccurate information in determining Olson’s sentence. In
fact, when asked at sentencing if there were any objections to the guidelines’ scores, defense
counsel stated that there were not. We conclude that the trial court did not err in scoring the
guidelines or rely on inaccurate information in determining Olson’s sentence.
Affirmed.
/s/ William C. Whitbeck
/s/ Joel P. Hoekstra
/s/ Pat M. Donofrio
11
MCL 769.34(10); People v Babcock, 469 Mich 247, 261; 666 NW2d 231 (2003).
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