Background
Davontae Jamar Lane was convicted of manslaughter and three counts of carrying a firearm during the commission of a felony. The shooting occurred when Lane fired six gunshots at Derek Rose, who sustained all six wounds. At the time of the shooting, Cristina Beltran and DeVante Montgomery were seated in a nearby Buick, and video evidence showed Lane fired in the direction of their vehicle as he stood only a few feet away.
Lane was sentenced to 8–15 years’ imprisonment for manslaughter and two years for each felony-firearm count. On appeal, Lane argued that the trial court erred in assessing points for three offense variables (OV) used in Michigan’s sentencing guidelines: OV 3 (physical injury), OV 9 (number of victims), and OV 12 (contemporaneous felonious criminal acts). He contended that proper reassessment would lower his guidelines score and warrant resentencing.
The Court’s Holding
The court affirmed all three offense variable assessments. For OV 3, the court held that 25 points was correct because the statute requires the highest points possible, but since manslaughter was the sentencing offense—not homicide—the 100-point assessment was unavailable. The 25-point score for “life threatening or permanent incapacitating injury” properly applied.
For OV 9, the court affirmed the 10-point assessment for two victims placed in danger. Although Lane argued that video evidence did not show him intentionally shooting at Beltran and Montgomery, the court found that the preponderance of evidence showed Lane fired at least six gunshots in the direction of the Buick, placing both individuals in close proximity to a physically threatening situation. A person need not be the actual target to count as a victim under OV 9; close proximity to gunfire suffices.
For OV 12, the court upheld the 10-point assessment for two contemporaneous felonious assaults. The court found that Montgomery’s testimony that he saw Lane shooting through the vehicle window, combined with video footage showing Beltran and Montgomery ducking and running, and testimony from a third party that Lane’s arm was pointed at the group, established by a preponderance of evidence that Lane committed felonious assaults against both individuals. The assaults occurred within 24 hours of the sentencing offense and did not result in separate convictions, satisfying the statutory requirements.
Key Takeaways
- Individuals in close proximity to gunfire may be counted as victims for purposes of OV 9, even without evidence they were the intended targets.
- Firing a gun at a crowd may support multiple felonious assault convictions against each person in that crowd for OV 12 scoring purposes.
- A preponderance of the evidence standard applies to trial court factual findings in sentencing guideline assessments, reviewed for clear error on appeal.
- Appellate courts may address guideline scoring errors even if they do not alter the final sentence, because such scores affect Department of Corrections decisions.
Why It Matters
This decision clarifies how Michigan courts assess the number of victims under sentencing guidelines when a defendant fires at a group. It reinforces that bystanders or individuals near the intended target may be counted as victims, expanding potential sentencing exposure when a defendant engages in group-directed violence. The holding establishes binding precedent that shooting in the direction of multiple people can support separate assault findings and higher guideline points.
The decision is significant for criminal practitioners handling felony-firearm and assault cases in Michigan, as it demonstrates appellate courts’ deference to trial courts’ factual findings regarding victim placement and intent, particularly when video evidence corroborates witness testimony. The court’s affirmation signals that guideline-score challenges based on victim counts face a high bar at the appellate level.