[Download] "People State Michigan v. Kenneth Dwayne" by Court of Appeals of Michigan ~ Book PDF Kindle ePub Free
eBook details
- Title: People State Michigan v. Kenneth Dwayne
- Author : Court of Appeals of Michigan
- Release Date : January 03, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Defendant was charged with first-degree murder for the killing of David Reese. David and Joann Reese had been married for 6 1/2 years. At the time of the incident, they were separated and Joann was dating defendant. Defendant's first trial in June 1988 ended in a mistrial when the jury could not agree on a verdict. Following a second jury trial, defendant was convicted of 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 a term of thirty to fifty years' imprisonment for the second-degree murder conviction, to run consecutively to the mandatory two-year term imposed for the felony-firearm conviction. Defendant appeals as of right. Several eyewitnesses testified at trial. David had beaten Joann throughout the relationship and on the day he was killed. On the day in question, Delores Turner, the mother of Joann Reese, called defendant and asked him to come to her home and check on Joann, who had been fighting with David. When defendant first arrived, decedent and Joann were not there. He came back later, and he had a gun drawn when the door to the Turner home was opened by Joann's sister. He fired it into a refrigerator near where David and Joann were talking. Defendant and David then ran out of the house and down an alley. A second gunshot was heard. David was seen shortly thereafter with a piece of lumber and appeared to have trouble walking. Defendant continued to chase David, who sought access to a neighbor's home and left bloodstains on the porch. After calling the police, Joann came out of the house and tried to separate the men. Defendant began attempting to stab David with a knife while Joann continued to try to separate them. The two men again ran off. Joann again called the police, and when she came back out of the house, David was lying in the grass alone. He was panting and had a very weak pulse. Defendant reappeared within five or ten minutes and dragged David down the alley and placed him under a porch. It was there that the police found him. He died later that night in the hospital. The cause of death was one gunshot wound and at least four stab wounds.