Michigan Youth In Government

Model Judiciary Program

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2012-2013

Mock Trial Case

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STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF INGHAM PEOPLE OF THE STATE OF MICHIGAN, ) Case No. 12-12345-CR Plaintiff )

) v. )

) ) HAYDEN PRICE ) 125 Washington Ave ) Lansing, Michigan 48910 )

) Defendant. )

THE GRAND JURY CHARGES ON MAY 29, 2012 On or about May 1, 2012 in Lansing, Michigan, county of Ingham, Hayden Price did commit the crime of second-degree murder against Trevor Young.

APPLICABLE STATUTORY LAW MCL 750.122 Second-Degree Murder: A person commits second-degree murder when they act with a depraved mind. Murder with a Depraved Mind occurs when a person is killed, without any premeditated design, by an act imminently dangerous to another and evincing a depraved mind showing no regard for human life. MCL 750.123 aka Stand-Your-Ground Law A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. However, he is justified in the use of force that is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or necessary to prevent the commission of a forcible felony. MCL150.124

(1) A person who uses force as permitted in section 750.123 is justified in using such force and is immune from criminal conviction for the use of such force. For purposes of this section, criminal conviction means being found “guilty” by a jury.

(2) Any issue of whether the force used was justified shall be deemed an issue of fact, and will be determined by a decider of fact (i.e., a jury or bench trial)

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STIPULATIONS

1) The Federal Rules of Criminal Procedure and Federal Rules of Evidence Apply.

2) Second-Degree Murder is the ONLY charge against Hayden Price

• NO other charge is being charged (i.e. First-Degree or Manslaughter)

3) No case law or other source may be cited.

4) The only “real evidence” that may be produced is the evidence contained in this packet.

• Forensic Lab Report regarding the gun • Black Hoodie • Hayden Price’s Hospital Record • Diagram of Scene

5) Each witness gave a deposition under oath and promised to give a full and complete

description of all relevant matters and to correct any inaccuracies before signing the deposition.

6) All signatures and documents are authentic and original.

7) All witnesses have knowledge of the case and can testify according to their statements.

8) All witness names are gender-neutral and can be played by a male or female.

WITNESSES The Prosecution must call the following 2 witnesses: 1. Alex Smith, Neighbor of Trevor Young 2. Peyton Jones, 9-1-1 Dispatcher The Defense must call the following 2 witnesses: 1. Quinn Allen, Lansing, MI Detective 2. Hayden Price, Defendant

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STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF INGHAM

PEOPLE OF THE STATE OF MICHIGAN, ) Case No. 12-12345-CR Plaintiff )

) v. )

) ) HAYDEN PRICE ) 125 Washington Ave ) Lansing, Michigan 48910 )

) Defendant. )

GRAND JURY ORDER NOW COME, the People for the State of Michigan, in the County of Ingham against the Defendant Hayden Price in the matter of a crime against Trevor Young. The People of the State of Michigan have presented the facts and evidence to date to this tribunal and we, the Grand Jury, find that there is sufficient evidence against Hayden Price that would warrant a trial of prosecution against the defendant. Therefore, the defendant is bound over into the custody of the State of Michigan until trial. The defendant will stand trial for the crime of second-degree murder. The Grand Jury finds there is also enough evidence to allow the defendant to raise the affirmative defense of the Michigan Stand-Your-Ground Law. Due to the sensitive nature of the crime, bail is therefore denied and the defendant is remanded to the Ingham County Jail. It is so ordered. This the 5th day of September, 2012

Judge Nat Bussicio Judge Jamie Smith Judge John

Lawless Hon. Nathaniel Bussicio Hon. Jamie Smith Hon. John Lawless

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STATEMENT OF ALEX SMITH My name is Alex Smith. I’m 19 years old, and I live at 136 Washington Avenue in

Lansing, MI. Trevor’s dad lives next to my parents (I still live at home). We live in a “gated”

area here in Lansing. It’s not really gated, but there are clear entrances to the neighborhood and

there is no other way out due to dead end streets. We also have our own security guards.

They really aren’t security guards, it’s the neighborhood watch guys who think they’re

know-it-alls. They don’t really scare anybody, they just think they’re special and can use their

involvement to their advantage.

One of them likes to make fun of me because I still live at home, but I just tell myself that

I can move out soon. I still live there because I got into a little bit of trouble shortly before

graduating high school last year and before I turned 18. As part of my deal, I had to stay at home

and do some community service, but I’ll be going off to college in the fall since it’s all about

cleared up.

Anyway, on May 1, 2012, I was at home, sitting on my porch. When I sit in my seat,

most people can’t see me because of the wrap-around design of our porch. I like this because I

don’t get bothered, yet I can see everything and know what’s going on.

I saw Trevor coming down the street, and he looked kind of funny. He kept looking over

his shoulder and seemed to be in a hurry. I asked him what was up as he got closer to the house,

but he didn’t answer me.

Shortly after he passed my house, I saw Hayden following him, running. Hayden was on

the phone; I couldn’t tell with whom, but Hayden kept saying that Trevor was up to something.

I’m not sure what Hayden meant by that, especially since Trevor doesn’t really do anything bad.

He’s a pretty good kid.

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I guess since Hayden is new to the watch program, and new to the neighborhood, he/she

didn’t recognize Trevor. Trevor doesn’t live with his dad every week, so he’s not there much.

Anyway, as I said, Hayden kept yelling for Trevor to stop, but Trevor didn’t. Trevor

looked like he wanted to go inside his house, and he told Hayden to leave him alone—it was

none of Hayden’s business what Trevor was doing.

Just as Trevor got to his house, Hayden caught up with Trevor and they seemed to be

yelling at each other. I heard Hayden yell, “I have a gun, don’t make me use it.” At this point, I

was really concerned, so I walked to the edge of my porch so I could see and hear better.

Hayden asked Trevor what he was doing in the neighborhood, and Trevor told Hayden he was

trying to go inside to his home. Hayden asked Trevor to empty his pockets and remove his

sweatshirt, but Trevor said no.

What I saw next was the scariest thing ever. It looked like Hayden lunged towards

Trevor, like Hayden was trying to throw a punch. Trevor tackled Hayden to the ground, that kid

was strong! Hayden and Trevor wrestled around, and then I saw Hayden fight out of the hold

Trevor had, and Hayden pulled his/her gun out. Hayden told Trevor to stop or he/she would

shoot.

Trevor didn’t do anything, he just acted like he was going to go inside his house. I turned

around to walk back to my seat and right before I sat down I heard the shots of the gun. I turned

around and went running, and I saw Trevor just laying there. Trevor was such a fun kid. He

doesn’t deserve to be gone. I have no clue what Hayden was thinking. Since when is it a crime

to go into your home?

Alex Smith Alex Smith

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STATEMENT OF PEYTON JONES

My name is Peyton Jones. I work for the Ingham County 9-1-1 Dispatch Center here in

Lansing, MI. I live in Lansing 2431 Morris Street, and I have for my entire life. I became a

dispatcher because I wanted to do something to help my community, and what better way than to

guide emergency responders and assist citizens in some of their most stressful times.

On May 1, I was working my usual day shift. It’s not as exciting as the nighttime shift,

but there are still enough happenings in Lansing to keep my job exciting. Around 3:00 pm, I got

a call from a person stating he/she was part of the neighborhood watch program. I asked for the

caller’s name, to which he/she stated Hayden Price. I immediately knew who Hayden was and

where Hayden worked because Hayden often called us to have someone in the neighborhood

arrested. Sometimes, I thought that he/she took his/her job way too seriously, but then again, I

don’t live in the neighborhood so who am I to judge?

Anyways, Hayden told me that he/she was following a suspect of a robbery. Hayden

stated that he/she heard about a robbery of the neighborhood convenience store, and shortly after

hearing this, Hayden saw the suspect walking cautiously and nervously into the neighborhood.

Hayden stated that he/she had asked the suspect several times to stop and show his hands,

but the suspect refused. Hayden had reason to believe this person was the suspect since the

convenience store described the suspect as a young man wearing a black hoodie, and that the

person he/she was following was young and wearing a black hoodie.

I explained to Hayden that I was dispatching the police to the location and that Hayden

should stop following the suspect. Hayden expressed concern since he/she did not want the

suspect to get away or do further damage.

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I kept trying to get Hayden to stop following the suspect when he/she suddenly got

excited. By this time, I was sending non-stop calls to the patrol units in the area over the radio to

try to find out what was taking them so long.

I asked Hayden what was going on, and Hayden told me that the suspect was

entering into a yard and seemed to be hurrying up. I again explained to Hayden to stop and let

the police do their job, but he/she didn’t seem to listen.

The phone call then went muffled, but I could still hear most of what was going on. I

heard something about a gun, then what sounded like a fight. There were several grunts from

both Hayden and the suspect, and Hayden said something about a gun (I knew it was Hayden

because I was familiar with his/her voice). I once again shouted to Hayden to stop what he/she

was doing and to let the police take care of the situation. It was then that I heard a gun shot, and

Hayden screamed “send a bus”. I knew it was not a good thing, so I immediately dispatched an

ambulance and told the crew that it was high emergency.

Looking back on it, I probably could have made the situation more urgent, but I had no

clue Hayden would go off the deep-end and discharge a weapon when he/she is not even

supposed to use it unless he/she has permission from a police officer or myself. The beginning

of the call didn’t leave me to believe that it was a Level 1 emergency. I never could have known

Hayden would get so excited over a kid trying to walk home.

Petyon Jones

Peyton Jones

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STATEMENT OF OFFICER QUINN ALLEN

My name is Officer Quinn Allen. I have been a police officer for the city of Lansing, MI

for over 20 years. Before working for the LPD, I worked for the Ingham County Sheriff

Department. I moved from county to city in order to take a lead officer position. In my position,

I investigate crimes, handle severe traffic accidents, and oversee 25 other officers. I love my job,

and I make sure to take it very seriously.

If I feel a wrong has been committed, I do everything possible to have that person held

responsible. However, I also know that our justice system only works if the right people are held

responsible. For that reason, I never arrest someone who I know hasn’t committed a crime or if

there are legal reasons for doing something wrong. I do this because my favorite uncle growing

up was wrongly arrested. He spent 3 years in jail before anyone finally listened to him and

investigated from his side. Therefore, I always investigate from the victim and the suspect’s

side—you never know what you’re going to find. Some say as a police officer I fight too much

for the suspect, but you don’t get to lead officer without being a good officer and doing your job.

On May 1, I was called to a scene on Washington Ave. here in Lansing. When I arrived,

there was a young man whom I later identified as Trevor Young laying on the ground. After a

quick check of the body, I confirmed he was dead and called in the coroner and my investigation

unit. Standing there was a person I identified as Hayden Price. Hayden immediately told me

that he/she shot Trevor and that he/she wanted to speak with me to give me an account of what

happened. I explained to Hayden that I would need to finish up some investigation, but would

meet him/her back at the squad. I had one of my officers take Hayden to the squad office while I

finished my investigation.

At that point, Hayden voluntarily surrendered the weapon that was used to shoot Trevor.

Hayden handed me a 9mm, which matched the bullet holes in the body. Later forensic tests

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confirmed that the bullets recovered from the body did come from the weapon Hayden gave me.

I also was able to confirm that the gun handed to me by Hayden was legally bought and

registered to Hayden Price.

Once I finished up at the scene, I went and spoke with Hayden at the squad unit. Hayden

told me that he/she had received a call from the radio that all neighborhood watch units have

reporting a theft at the local convenience store. Hayden told me that the person over the radio

explained that the suspect was a younger man wearing a black hoodie. Hayden said at that time,

he/she looked up and saw Trevor entering the neighborhood from the direction of the store

wearing a black hoodie.

Hayden told me that he/she asked Trevor to stop so Hayden could ask Trevor some

questions, but Trevor refused to stop. Hayden then told me that he/she followed Trevor while

calling for back-up so it could be determined if Trevor was the shoplifter.

Hayden told me that once they got to the place of the shooting, Trevor suddenly ran back

towards Hayden and started attacking Hayden. Hayden said he/she kept telling Trevor he/she

had a gun, but Trevor wouldn’t stop throwing punches. Hayden said he/she did everything

possible, but was starting to get injured so Hayden fired the weapon.

After seeing Hayden’s injuries and hearing his/her side of the story, I decided not to

arrest Hayden. This state has a stand-your-ground law, and even though it is usually up to the

jury, I really didn’t see the point in wasting this state’s money since it was so obvious that

Hayden clearly was justified in shooting Trevor. Hayden had the crap beat out of him/her.

Trevor was brutally attacking Hayden, and was fleeing from the scene of another crime. Trevor

caused his death. Hayden had every right to fire the gun, that’s why I did not arrest Hayden.

Quinn Allen Quinn Allen

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STATEMENT OF HAYDEN PRICE

My name is Hayden Price. I’ve lived in Lansing all my life, and I love this city. I love it

so much that I joined the local neighborhood watch program as soon as I turned 18. My plan

was to join the police academy when I turned 21 so the watch program gave me something to do

while I waited. Since then, I've turned 21 and I've been accepted to the academy, but I can't

begin the academy's program until my name clears from this debacle. I know I acted in self-

defense, and I know that if I did not shoot Trevor, I would have been severely injured if not

worse.

On May 1, I was working my shift for neighborhood watch. I was sitting at the entrance

of the neighborhood when I heard a call on the police radio that the convenience store down the

street had been robbed. The clerk reported that the thief was a young man and was wearing a

black hoodie. Just as I looked up from the radio, I saw a young man speed walking while

looking over his shoulder. He was coming from the store, was wearing a black hoodie, and was

entering the neighborhood. I immediately became concerned that this person had robbed the

store and was going to mess with the neighborhood. Some of the people that live here are well-

off and have very nice things, that caused me to worry. I immediately asked the man to stop, but

he didn’t. In fact, when I started walking behind him, he started walking faster.

At this point, I immediately called for backup, but kept following the suspect so he didn’t

get away. I may not be officially trained, but I know that once a suspect is able to leave the

scene without being questioned, it becomes more difficult to have him arrested. The dispatcher

informed me that the officers were on their way, and asked me to not get too close, but keep him

in sight. As a result of this, I followed Trevor, but did not get real close.

However, once the suspect entered onto private property, I was concerned that this little

shoplifting incident at the store was going to turn into something more. I explained this to the

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operator who once again assured me officers were on their way and asked me to keep the suspect

in sight. I called out to the suspect to stop and show his hands, but he did not. I then informed

the suspect that I had a weapon and I would not be afraid to use it if I felt he was fleeing the

scene of a crime, which I am allowed to do per protocol of the watch program. I’m never

allowed to use deadly force unless under threat of serious harm, but I can shoot a shot that would

not cause injury but stop the suspect.

After I told the suspect I had a gun, everything changed. By this point, I had gotten

closer to the suspect and he suddenly attacked me. He punched me over and over, wrestled me

to the ground, and was causing severe pain and injury to me. I started getting blurred vision and

my head was really starting to hurt. I told the suspect to stop or I would shoot, but he kept

punching me. I felt like I was going to lose consciousness, and I feared what he would do to me

once I couldn’t fight back. I was able to wrestle away from the suspect just enough to grab my

gun. I once again warned the suspect he needed to stop, but he didn’t. That’s when I shot the

gun. My goal was to simply stop him, but I was so dizzy and in so much pain, my main goal was

to shoot, so I did. It wasn’t until a few seconds later that I realized I shot him in the chest.

Unfortunately, I had no choice. I really felt like I was dying.

As soon as the police arrived, I told them I shot Trevor and told them I would go to the

station to tell my story. Once all of that occurred, I sought medical treatment. It turned out I had

a broken eye bone, a severe concussion, 2 black eyes, and several cuts requiring stitches. I still

have headaches that are slowly starting to fade, and hopefully they continue to do so, so that I

can be a police officer. I really don’t know why I’m being tried for this crime, the police officer

told me I had justification and I know I had no other choice. I would have died had I not shot

him!

Hayden Price Hayden Price

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EXHIBIT 1

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EXHIBIT 2

Office of the Forensic Lab Lansing Police Department

Lansing MI

TO: Officer Quinn Allen FROM: Robbie Smith, Forensic Lab Technician RE: Case No. 12-12345-CR DATE: June 2, 2012 CONCLUSION: After performing tests on the 9mm Pistol, marked evidence 1a, I can conclude that the gun turned in by suspect, Hayden Price, was the gun used to kill victim, Trevor Young. ITEMS USED IN TESTS:

• 9mm Pistol, serial # 5934, legally registered to Hayden Price • 9mm Magazine found in the gun belonging to Hayden Price • Bullets found in the body of Trevor Young

TESTS USED

• I tested the pattern of lands and grooves on the bullets found in the body to determine what kind of patterns the pistol used leaves on the bullets.

• I shot the gun into a standard test shoot to obtain bullets from the gun. • I then examined the bullets’ lands and grooves pattern from the test shots I took. • I compared the patterns on both sets of bullets and was able to conclude that the 9mm

pistol give to the police department was the gun used in the death of Trevor Young CERTAINTY I can say with 100% certainty that this pistol was used in this offense. Robbie Smith Lansing Police Department, Forensic Lab June 1, 2012

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EXHIBIT 3

SPARROW HOSPITAL 1215 E MICHIGAN AVE

LANSING, MI 48915 Patient: Hayden Price Date: May 1, 2012 Department: Emergency Physician: Dr. Dave Gray, MD ADMITTING COMPLAINTS: Patient presented with several scrapes that were bleeding, bruises on the head, pain in the eye, complained of dizziness, and appeared to be in distress. TREATMENT: Patient received a CT Scan, which revealed a Grade I (out of III) concussion per the American Academy of Neurology guidelines, which this hospital uses. Patient received 3 stitches above the right eye. The remaining scrapes were cleaned up and bandaged. After a 2-hour observation for the concussion, patient was discharged with instruction to seek follow-up treatment for all injuries. Patient was given pain medication prescriptions and orders to not do anything for at least 2 days. Patient was given permission to return to regular duties after 2 days as long as symptoms disappeared or at the very least, were decreasing. CONFIDENTIALITY NOTICE: This record is kept for the purposes of record keeping, patient follow-up and treatment, and for the doctor to keep his charts up-to-date. This record is only to be released at the permission of the patient. I, Hayden Price, give Lansing Police Department, permission to obtain any records pertaining to my medical treatment on May 1, 2012.

Hayden Price

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EXHIBIT 4

Washington Ave

Trevor Young’s House My home

X Front Porch

Diagram Key: Small Star: Where I first saw Trevor Big Star: Where Hayden attacked Trevor X: Where I was sitting during the attack Arrow: The back door that Trevor normally uses when going into his home

Date: 5/15/2012 Author: Alex Smith