People v. Djordjevic

In People v. Djordjevic, 230 Mich. App. 459, 462; 584 N.W.2d 610 (1998), the Court cited People v. Baker, 216 Mich. App. 687; 551 N.W.2d 195 (1996), reversed on other grounds sub nom People v. Goecke, 457 Mich. 442; 579 N.W.2d 868 (1998), as distinguishing between whether death or great bodily harm is the natural tendency of the act (second-degree murder), or whether the defendant acted in wanton disregard that death or great bodily harm may follow (involuntary manslaughter). The Djordjevic Court held that where an arsonist set fire to a bar using gasoline and was himself killed in the resulting conflagration, it would not be unreasonable for a jury to conclude that defendants who hired the arsonist acted only in wanton disregard that death or great bodily harm might follow, but a jury could also reasonably conclude that death or great bodily harm was the natural tendency of defendants' act. A fire was set in a building with gasoline, with residences nearby. A reasonable jury could conclude that the danger to the arsonist, neighbors, or fire fighters was sufficiently high to allow for the conclusion that death or great bodily harm was the natural tendency of the act. The trial court erred in removing that determination from the province of the jury. Djordjevic, supra at 463.