People v. Campbell

Michigan Court of Appeals · 1983 · Criminal Law

335 N.W.2d 27 (1983)

Updated August 1, 2026

Criminal Lawcausationassisted suicidemurdersuicideincitement to suicidecommon law murderintent to kill

Facts

While drinking heavily with Kevin Basnaw, defendant Steven Paul Campbell listened as Basnaw began talking about committing suicide. After initially refusing, Campbell agreed to sell Basnaw a gun for whatever money he had, continued to encourage the purchase, and ridiculed Basnaw when Basnaw said he did not want to buy it. Campbell and Basnaw drove to get the gun and five shells, returned, and Basnaw said he was going to kill himself and began writing a suicide note. Campbell then left, later telling Basnaw's girlfriend that the bullets were blanks and that the firing pin did not work; the next day Basnaw was found dead from a self-inflicted gunshot wound.

Issue

Does a person commit murder under Michigan law by furnishing a gun to an intoxicated and depressed person, encouraging him to commit suicide, and then leaving before the person uses the gun to kill himself? More specifically, does such conduct amount to common-law murder or fall within the statutory category of a wilful, deliberate, and premeditated killing?

Rule

Under Michigan law, murder is a common-law homicide and requires that the defendant kill another human being with the requisite intent to kill. Because suicide is not homicide by another person, and because mere hope that another will kill himself is not the intention required for murder, furnishing a weapon and encouraging suicide does not constitute murder on these facts.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Grand Rapids, Nolan Pierce spent an evening drinking with his friend Eric Mendez, who repeatedly said he wanted to die. Nolan finally handed Eric a loaded revolver, told him to do it if he was serious, and walked out of the apartment. An hour later, Eric used the gun to shoot himself.

If Nolan is charged with murder solely on these facts, what is the best argument for dismissal?

Explanation. The majority rule is that murder is a form of homicide, meaning the killing of one human being by another. Where the deceased kills himself, the defendant has not killed another person. Thus, furnishing the weapon and encouraging suicide, without more, does not satisfy the homicide element of murder.