Background
Darrell Wayne Felton, Jr. fatally shot his former wife’s boyfriend during a confrontation outside Felton’s apartment. The victim was unarmed and had not touched Felton or Felton’s girlfriend. After a jury trial ended in a hung jury, Felton pleaded guilty to manslaughter under MCL 750.321 in exchange for dismissal of a felony-firearm charge. He was sentenced to 7 to 15 years in prison.
The trial court assessed 15 points under Offense Variable 5 for serious psychological injury to the victim’s family and 25 points under Offense Variable 6 based on Felton’s intent to kill or cause great bodily harm. It also ordered restitution that included $780 for two memorial pendants purchased from the funeral home. On reconsideration, the Court of Appeals granted Felton’s motion, vacated its July 16, 2026 opinion, and issued a new opinion addressing the restitution and sentencing issues.
The Court’s Holding
The Court of Appeals affirmed Felton’s sentence but vacated the portion of the restitution order covering the two pendants. Interpreting the statutory phrase “actual funeral and related services,” the court held that restitution may include reasonable expenses actually incurred for funeral goods or services, as well as services directly related to the funeral. The prosecution, however, presented only a funeral-home invoice and offered no evidence that the pendants were used to prepare, conduct, or complete the funeral, facilitate disposition of the remains, or provide another funeral-related service. Their purchase from a funeral home did not alone make them compensable funeral expenses.
The court upheld the OV 5 score because victim-impact statements documented profound and lasting psychological harm, including counseling sought by the victim’s sister. It also upheld the 25-point OV 6 score. Felton pleaded guilty under a manslaughter statute that does not distinguish voluntary from involuntary manslaughter, and the facts supported a finding that he acted with an unpremeditated intent to kill or cause great bodily harm. The court further held that voluntary manslaughter does not automatically require a 10-point score; OV 6 must be scored according to the case-specific facts. It added that even a reduction to 10 points would not change Felton’s guidelines range and therefore would not warrant resentencing.
Key Takeaways
- Restitution for “actual funeral and related services” may cover reasonable funeral goods and related services, but the prosecution must prove that each claimed expense is directly connected to the funeral and resulted from the crime.
- Memorial jewelry is not compensable merely because it was purchased from a funeral home or appeared on the funeral-home invoice.
- A voluntary-manslaughter conviction may support either 25 or 10 points under OV 6 depending on the facts; the offense label alone does not control the score.
Why It Matters
The published decision addresses an issue of first impression in Michigan by defining the scope of recoverable expenses for “actual funeral and related services.” It confirms that funeral goods may qualify for restitution while requiring evidence connecting optional or commemorative purchases to the funeral itself.
The opinion also clarifies that Michigan courts must score OV 6 through a fact-specific assessment of the offender’s intent and the circumstances of the killing, rather than assigning 10 points categorically whenever the conviction is for voluntary manslaughter.