People of Michigan v. Miguel Angel Pozos-Silva

── People of Michigan v. Miguel Angel Pozos-Silva ── Court: Michigan Court of Appeals Date: May 21, 2026 Category: General If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports. STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED May 21, 2026 Plaintiff-Appellee, 9:12 AM V No. 376607 Ingham Circuit Court MIGUEL ANGEL POZOS-SILVA, LC No. 24-000876-FC Defendant-Appellant. Before: TREBILCOCK, P.J., and BOONSTRA and LETICA, JJ. PER CURIAM. Following a preliminary examination, defendant was bound over on one count of kidnapping, MCL 750.349, and one count of second-degree criminal sexual conduct (CSC-II), MCL 750.520c(1)(c) (sexual contact occurs during commission of another felony). He appeals by leave granted1 the circuit court’s denial of his motion to quash the bindover. We affirm. I. FACTUAL AND PROCEDURAL HISTORY On August 4, 2024, the complainant, JDJ, then 16 years old,2 was outside at night waiting hours for a promised ride that never appeared. At the time of the alleged offenses, JDJ was living with his grandmother at his uncle’s home. Because JDJ did not get along with other relatives in the home, JDJ was asked to leave.3 JDJ had a cellular telephone but did not have a service provider. He stood near a building in an attempt to use its Wi-Fi connection, but his phone ran out of power. 1 People v Pozos-Silva, unpublished order of the Court of Appeals, entered November 19, 2025 (Docket No. 376607). 2 An interpreter translated English into Spanish for defendant’s benefit. And in light of JDJ’s age, spectators viewed the proceedings from another location during his testimony. The parties do not challenge the manner in which the preliminary examination was held. 3 After JDJ’s contact with defendant, JDJ’s grandmother picked him up from the hospital, and he was allowed to return home. -1- He was cold and it was nearly midnight. Defendant called out to JDJ and asked how old he was, why he was out so late, and if he needed help. Because defendant was “acting kind,” JDJ responded that he had been stranded all day, he was 16 years old, he was hungry, he needed to charge his phone, and he needed to connect to Wi-Fi to contact someone. Defendant stated that he could help. After defendant patted JDJ down, they walked to defendant’s home. JDJ was unsure if defendant was under the influence of drugs or alcohol. As they spoke, defendant was crying and tried to hug JDJ. At that time, JDJ did not think “much of it.” Defendant took JDJ upstairs to charge the phone. They went to defendant’s bedroom. There was a bed, computer, television, and bathroom there, and defendant advised that he was gay. Although defendant also gave JDJ some food, he did not eat it because defendant began to act “like weird and stuff.” Defendant frequently told JDJ that he should take a shower. Once the phone had sufficient power, JDJ advised defendant that he would message someone. Defendant repeatedly advised JDJ that he should not contact anyone. Additionally, defendant said that he was going to use his own phone to record their interaction, for his own safety, and “to make sure nothing happens.” But, according to JDJ, defendant never recorded anything. In the bedroom, defendant placed his arms around JDJ and pulled him back. Defendant kept touching JDJ and inappropriately touched JDJ’s butt. Defendant had advised JDJ that there were more people in the home. In light of defendant’s persistent touching, the presence of other people in the home,4 an