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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v LERON JASON GIBSON, Defendant-Appellant.

UNPUBLISHED November 4, 2010

No. 292902 Wayne Circuit Court LC No. 08-015821-FH

Before: FITZGERALD, P.J., and MARKEY and BECKERING, JJ. PER CURIAM. A jury convicted defendant of felonious assault, MCL 750.82, and possession of a firearm during the commission of a felony, MCL 750.227b. The trial court sentenced him to a two-year prison term for the felony firearm conviction, to be followed by a five-year probationary term for the felonious assault conviction. Defendant appeals as of right. We affirm. On the evening of Friday, February 15, 2008, James Lewis, an off-duty Wayne County Deputy, went out to his unmarked police vehicle to retrieve a flashlight because of a power outage. His house on Edmore Street in Detroit is on the corner of Edmore and Rex, and his driveway is on the side of his house facing Rex. Lewis went out the side door of his house and down his driveway toward his car, which was parked on Rex, facing north toward Edmore. He used remote entry to unlock the car, which caused the dome light and the rear tail lights of the vehicle to illuminate. The street lights were not on because of the power outage. Lewis opened the door of the car, leaned inside, and looked for his flashlight on the floor of his car. He then observed a black Dodge Charger driving southbound on Rex at a high rate of speed. There was snow and ice on the ground, and the Charger was traveling approximately 40 to 50 mph in a 25 mph zone. Lewis became paranoid and withdrew his weapon from his hip holster. The Charger came to an abrupt stop in the middle of the street approximately 20 to 25 feet south of Lewis' car. Lewis began to "really take notice" at that time and stared at the Charger. Three young black males exited the Charger and walked toward him. Defendant, who got out of the driver's side rear seat, which was the side of the Charger closest to Lewis, walked toward Lewis in a Bline. Lewis asked, "What's up?" and defendant said, "What's up" back to him. Defendant was within 10 feet of Lewis, and Lewis was staring directly at him. Lewis also came within 15 feet of Dartez Mahone, the man from the passenger side rear seat, and clearly saw his face. Lewis noticed that defendant was shorter than his height of 5'8", that he had a noticeable swagger when -1-

he walked, and that he had a low haircut. Defendant reached inside his coat, took out a rifle, and aimed it at Lewis' head. Lewis started firing at defendant, and then took cover behind his car. When Lewis stood up from behind his car, he observed defendant running southbound on Rex. Mahone was running westbound through Lewis' neighbor's yard. The Charger drive off heading southbound on Rex. Lewis retrieved his cell phone and called police dispatch for backup. Police officers Richardson and Mack, whom Lewis did not know, arrived in less than 4 minutes. The day after the incident, Lewis received a call from someone in the neighborhood. Based on information received during that call, Lewis went to his neighbor's house, where he observed the weapon used during the assault the night before in the neighbor's garage. Lewis had information suggesting the weapon was not initially found in the garage but rather outside in the snow. After the incident Lewis was contacted by the Eastpointe Police Department. Another man, Nathaniel Jenkins, had confessed to participation in the incident. Lewis then went to the police station to possibly identify another man involved in the incident. Lewis was shown a photographic lineup of six black and white photocopied photos. Lewis picked out subject #6, indicating "that is the subject that attempted to rob me on 2/15/08." Within minutes of leaving the police station, Lewis called Detective Monroe, the officer-in-charge of the case, and told him that he was not sure if the man he picked out in the lineup was the man involved in the incident. Lewis also called the officer at the Eastpointe Police Department and told him the same thing. Lewis was concerned that the photos were blurry and that he could not see the height of the men in the photos. On June 3, 2008, while on his way home from work at approximately 11:00 p.m., Lewis pulled into the parking lot of Eastland Liquor and Party Store on East 8 Mile Road in Eastpointe. As he walked toward the entrance of the store, he observed four black males exiting the store. Lewis immediately recognized two of the men as the men involved in the incident. Lewis drew his weapon, identified himself as a police officer, and ordered the four men to the ground. Two of the men

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