People v. Zak

In People v. Zak, 184 Mich. App. 1; 457 N.W.2d 59 (1990), the prosecutor charged defendant Zak with involuntary manslaughter for selling a gun to Gene Anderson, who used the gun to kill Richard Solo, this Court looked at what proof of causation is necessary to show that a defendant is criminally responsible for involuntary manslaughter. The Zak Court, citing Dressler, Understanding Criminal Law, 14.02, pp 158-159, extensively explained that the prosecutor had the burden of proving that the defendant actually caused the killing. Zak, 184 Mich. App. at 9-14. To establish actual causation, the prosecutor had to prove that "but for" Zak's act of selling the gun to Anderson, Solo would not have been shot and killed. Zak, 184 Mich. App. at 9-10. Although the Court took notice that, logically, Anderson had to obtain a gun before he could shoot and kill Solo, the Court concluded that Zak's act of selling the gun to Anderson was not an act sufficiently tied to the shooting to support a conclusion that Zak caused Solo's death by shooting. Zak, 184 Mich. App. at 10. The Court's decision made clear that not every act or omission leading up to an injury or social harm is its cause. Id. Rather, "common sense" dictates that some precursors to an injury or social harm are merely "conditions" and not causes. "' Conditions are normal events or circumstances that, although necessary for the result to occur, do not positively contribute to it.'" Zak, 184 Mich. App. at 11.