## Facts

- Kevin M. Robinson and Samuel Pannell went to Bernard Thomas’s home intending to “f*** him up.”
- Robinson drove Pannell to the house and initiated the attack when Thomas opened the door.
- Robinson struck Thomas, and, after Thomas fell, struck him again while Pannell kicked Thomas.
- Robinson told Pannell “that was enough,” walked back to the car, and then heard a single gunshot.
- Thomas died from a gunshot wound; Robinson did not fire the gun, and only Robinson, Pannell, and Thomas were present.
- After a bench trial, Robinson was convicted of second-degree murder under an aiding-and-abetting theory based on intent to cause great bodily harm.
- The intermediate appellate court reversed for insufficient evidence, reasoning there was no proof Robinson shared or knew of Pannell’s intent to kill.

## Issues

1. Whether an aider and abettor who intends to assist an aggravated assault may be convicted of second-degree murder when the victim is killed by the principal, without proof the aider shared or knew of the principal’s intent to kill, if the death was a natural and probable consequence of the aided assault.

## Decision

- The Supreme Court reversed the intermediate appellate decision and reinstated Robinson’s second-degree murder conviction.
- The court held the proper accomplice-liability standard includes responsibility for the natural and probable consequences of the intended, aided crime.
- Because Robinson intentionally aided an aggravated assault and death was a natural and probable consequence of that assault, the evidence was sufficient to support second-degree murder.

## Legal Principles

- Under Michigan accomplice liability, a defendant who intends to aid, abet, counsel, or procure the commission of a crime is liable for that crime and for the natural and probable consequences of that crime.
- For homicide liability based on aiding and abetting, the prosecution need not prove the accomplice shared or knew the principal’s specific intent to kill if the killing was a foreseeable result of the aided offense.
- An aggravated assault may foreseeably result in death, supporting second-degree murder liability for an accomplice whose conduct intentionally assisted the assault.

## Conclusion

Michigan recognized that an accomplice’s liability extends beyond the intended aided offense to foreseeable outcomes, reinstating Robinson’s second-degree murder conviction because the killing was a natural and probable consequence of the aggravated assault he helped carry out.


People v. Robinson, 715 N.W.2d 44 (Mich. 2006)