People v. Gillis

Supreme Court of Michigan · 2006 · Criminal Law

712 N.W.2d 419 (2006)

Updated August 1, 2026

Criminal Lawfelony murderres gestaehome invasionperpetrationescapetemporary safetycontinuous transaction

Facts

Defendant was discovered inside a homeowner's garage/sunroom doorway just before 2:00 p.m., abruptly fled when confronted, and was seen driving away in a small white car that the homeowner promptly described to 911. About ten minutes later and roughly ten miles away, a state trooper spotted a matching car, attempted a traffic stop, and defendant first slowed but then fled, driving the wrong way on I-94 and I-69. During that flight, approximately 18 minutes after leaving the home, defendant collided nearly head-on with another vehicle, killing Nicholas and Gayle Ackerman. Defendant was charged and convicted of felony murder predicated on first-degree home invasion.

Issue

Does a homicide occur "in the perpetration of" first-degree home invasion when it happens minutes later and miles away during defendant's effort to escape detection after being identified at the scene? Also, was defendant entitled to an involuntary manslaughter instruction on these facts?

Rule

"Perpetration" in Michigan's felony-murder statute includes more than the definitional elements of the predicate felony and extends to acts committed within the res gestae, or unbroken chain of events, surrounding that felony, including escape and efforts to prevent detection until the defendant reaches a point of temporary safety. In deciding whether a killing occurred during that unbroken chain of events, relevant factors include time, place, causal connection, and continuity of action. An involuntary manslaughter instruction is required only if a rational view of the evidence would support a finding that the killing resulted from gross negligence or intent to injure without malice.

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

In Grand Rapids, Leo Mendez unlawfully entered a duplex intending to commit a felony inside. The occupant saw him in the kitchen, shouted, and Leo ran to his car; about 12 minutes later and 9 miles away, an officer who had received the occupant's description tried to stop Leo, who accelerated and caused a fatal crash while fleeing.

If Leo is charged with felony murder predicated on the unlawful entry offense, what is the strongest argument that the homicide occurred "in the perpetration of" the predicate felony?

Explanation. The majority rule is that "perpetration" extends beyond the definitional elements of the predicate felony and includes the res gestae or unbroken chain of events surrounding it, including escape and attempts to prevent detection, until the defendant reaches a point of temporary safety. Short time, modest distance, continued flight, and a fatal crash during evasion support felony murder.