People v. Thomas CA3

FACTS

On the afternoon of April 26, 2013, Rebecca Spuehler heard yelling and cursing in the parking lot of the mall where she is employed. Spuehler went outside and saw three men yelling at a man she knew as Mike. Spuehler identified one of the three men as defendant. Spuehler observed defendant raising a bat over his shoulder. Spuehler ran toward the three men and yelled for defendant to stop. Spuehler saw the bat strike Mike on the head and then saw Mike “just f[a]ll down, boop. Just fell down on the ground backwards.” Spuehler also observed Mike “laying there unconscious” for at least a minute. Defendant fled behind a building, and Spuehler stayed with Mike. Spuehler and her daughter-in-law called the fire and police departments. Michael McKeegan testified that he and defendant were friends and that defendant had sold him drugs 10 to 20 times during the preceding year. On the day of the incident, McKeegan had been released from a drug rehabilitation program. McKeegan immediately relapsed by consuming beer and a beverage similar to wine. McKeegan believed he had become “extremely intoxicated” or “[d]runk.” In fact, he had been “more drunk that day” than he had “ever been in…