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This case arose from events on May 22, 1994, that ultimately led to the death of Cleveland Jackson.
Defendant shot and killed Jackson, a 16-year-old youth, after a gang altercation in a party store parking lot. The altercation involved gang rivalry between the Latin Counts, who considered the parking lot their “territory,” and a rival gang, the Worldwide Gangsters (which was part of the Folk Nation gang, or “Folks“).
On the evening of May 22, 1994, six men, including the victim, were riding in a van. At least one of the men in the van was, or had been, associated with the Folks gang. The van pulled into the parking lot of the “V West Party Store” in Detroit where about fifty people were congregated. Some people were wearing the colors of the Latin Counts. The men from the van mingled with the large group. Several men from the van then went into the party store. While inside, they heard gunfire.
When they returned to the parking lot, they found Jackson lying on the ground, wounded. Jackson died as a result of three gunshot wounds, one to the forehead, one to the abdomen, and one to the arm. Police recovered two slugs from Jackson’s body. Both slugs had been fired from the same gun.
As the gangs mingled in the parking lot, the tension mounted. At one point, some of the people in the parking lot shouted “Almighty Counts” and occupants of the van returned shouts of “Folk Love” or “Folks Up.” Witnesses described these phrases as “battle cries” that gangs yell before a fight. At least four shots were fired shortly thereafter.
Defendant, a seventeen-year-old member of the Latin Counts, admitted firing four shots at Jackson, but argued that he shot in self-defense. He claimed that once he heard “Folks Love,” and sounds from the van indicating weapons being loaded, he believed the occupants of the van would shoot him. He claimed that he shot first to avoid being killed. The occupants of the van denied having any guns. Defendant admitted he never saw the victim with a gun.
State of Michigan, Plaintiff-Appellee, v Mario Chavez Vinson, Defendant-Appellant. September 6, 1996. № 183451 lc № 94-006285
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