Sign In

156241 - People v Christopher Allen Oros

The People of the State of Michigan,
Heather S. Bergmann
(Appeal from Ct of Appeals)
(Kalamazoo – Bridenstine, P.)
Christopher Allan Oros,
Desiree M. Ferguson


Defendant was charged with first-degree premeditated murder, felony murder, and other offenses for fatally stabbing Marie McMillan in her apartment and hours later returning to the apartment and setting it on fire. The police investigation led to defendant because on the day of the fire he had been knocking on the apartment doors of the victim’s neighbors and using a fake story to solicit money. During police interrogation, defendant admitted trying to solicit money from the victim, but claimed that she attacked him and that he responded by stabbing her multiple times. At trial, the prosecutor argued that the number and type of knife wounds and other evidence surrounding the crime demonstrated that defendant had the opportunity to take a second look sufficient to establish premeditation and deliberation. The jury convicted defendant of both premeditated murder and felony murder. On appeal, in a published opinion, the Court of Appeals held that there was insufficient evidence of premeditation, reduced defendant’s first-degree premeditated murder conviction to second-degree murder, and remanded for resentencing. The Court of Appeals also reversed defendant’s felony murder conviction, holding that the instructions to the jury were flawed, and remanded for a new trial on that conviction. The prosecution appealed to the Supreme Court, challenging the Court of Appeals ruling that there was insufficient evidence of premeditation. The Supreme Court has directed oral argument on the prosecution’s application for leave to appeal to address whether the Court of Appeals properly viewed the trial record for sufficient evidence of premeditation and deliberation in the light most favorable to the prosecution, including drawing all reasonable inferences in favor of the jury verdict, and whether the record evidence is sufficient to sustain defendant’s first-degree premeditated murder conviction. See People v Gonzalez, 468 Mich 636, 640-641 (2003).