Facts
- Arthur J. Haack received a .45-caliber revolver from an acquaintance to carry on the night of the homicide; it was loaded with four bullets.
- Haack rearranged the cylinder to place empty chambers under and adjacent to the hammer, believing the cylinder rotated in a way that would prevent firing.
- Haack attended a party and encountered the victim, a stranger to him.
- The victim questioned why Haack had a gun; Haack responded that he carried it because of the people he knew.
- After others urged the victim to leave Haack alone, the victim challenged Haack to shoot him.
- Haack drew the gun, cocked the hammer, pointed it at the victim, and pulled the trigger intending to frighten him; the gun fired and killed the victim.
- Haack stated he later learned some older .45 revolvers rotate in the opposite direction than he believed, resulting in a live round under the hammer.
Issues
- Whether the plea-record established a sufficient factual basis for second-degree murder, particularly the malice/intent element, where the defendant claimed he believed the gun would not fire and intended only to scare the victim.
Decision
- The Michigan Supreme Court affirmed the conviction.
- The court held the plea colloquy supplied a sufficient factual basis for second-degree murder.
- The court concluded malice could be inferred from Haack’s admitted conduct of intentionally pointing a loaded firearm at the victim and pulling the trigger.
- Haack’s claim that he believed the gun would not fire did not negate malice as a matter of law at the factual-basis stage.
Legal Principles
- Before accepting a guilty plea, a court must determine that the record provides a substantial factual basis for each element of the offense; the inquiry is whether a jury could properly convict on the facts admitted.
- For second-degree murder, malice may be shown by intent to kill, intent to cause great bodily harm, or wanton and willful disregard of the likelihood of death or great bodily harm.
- Malice may be inferred from the deliberate use of a deadly weapon in a manner naturally tending to cause death or great bodily harm.
- A plea need not be rejected because the defendant offers a self-serving characterization (e.g., “accident”); the factual-basis inquiry does not require the court to resolve defenses or grade the offense if the admissions support the charged elements.
Conclusion
The court upheld Haack’s guilty plea to second-degree murder because his admissions—knowingly possessing a loaded revolver, pointing it at another person during a confrontation, cocking it, and pulling the trigger—permitted an inference of malice sufficient to establish a factual basis for the plea despite his assertion that he only intended to scare the victim and believed the gun would not fire.