J-A25026-15
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee
v.
ANTHONY G. ALEXANDER
Appellant No. 187 EDA 2015
Appeal from the Judgment of Sentence January 31, 2014 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0005442-2013
BEFORE: DONOHUE, J., MUNDY, J., and FITZGERALD, J.*
MEMORANDUM BY MUNDY, J.: FILED SEPTEMBER 23, 2015
Appellant, Anthony G. Alexander, appeals nunc pro tunc from the
January 31, 2014 judgment of sentence of life imprisonment without the
possibility of parole, imposed following a bench trial wherein he was
convicted of murder in the first degree, violation of a protective order,
possession of an instrument of a crime, recklessly endangering another
person, and simple assault.1 After careful review, we affirm.
The trial court summarized the factual history of this case as follows.
At trial, the Commonwealth presented the testimony of Philadelphia Police Detective Nathan Williams, Philadelphia Police Officers Raymond ____________________________________________
* Former Justice specially assigned to the Superior Court. 1 18 Pa.C.S.A. §§ 2502(a), 4955, 907, 2705, and 2701(a), respectively. J-A25026-15
Andrejczak, Lamont Robinson, Jacqueline Davis, Johnny Hightower, and Floyd Jackson, Associate Medical Examiner Dr. Aaron Rosen, Jerome P. Wilkins, Colleen Fitzpatrick, and Andrea Johnson. [Appellant] testified on his own behalf and presented the testimony of Marlon Alexander and Sharon Rafael. Viewed in the light most favorable to the Commonwealth as the verdict winner, the evidence established the following.
On February 26, 2013, at approximately 8[:00] in the morning, [Appellant] drove to the 600 block of Yewdall Street in Philadelphia, Pennsylvania. [Appellant] exited his vehicle carrying a shotgun and approached Jennifer Fitzpatrick, who was the mother of his 4[-]year[-]old son. Fitzpatrick had previously obtained a protection from abuse order against [Appellant]. When Fitzpatrick saw [Appellant] approach her carrying a shotgun, she immediately fled down Yewdall Street screaming, “Help, help!” Fitzpatrick ran up to a car that was parked on the side of the street and begged for help. When the person inside the car saw [Appellant] approaching with a shotgun, he immediately drove off. [Appellant] caught up to Fitzpatrick and the two began to struggle. Fitzpatrick eventually broke free from [Appellant] and continued to run down Yewdall Street. [Appellant] chased Fitzpatrick down the street and fired the shotgun twice in her direction. [Appellant] eventually caught up to Fitzpatrick again and grabbed her by the arm.
[Appellant] pulled Fitzpatrick by her arm to her house on the 500 block of Yewdall Street with his shotgun still in hand. When Fitzpatrick and [Appellant] arrived at her house, Fitzpatrick walked up onto her front porch. Fitzpatrick’s mother, Colleen Fitzpatrick, was inside the house and heard a loud noise from the outside, prompting her to ask her husband, Delmar Adams to investigate. When Adams looked outside a window, he saw [Appellant] pointing a shotgun at Fitzpatrick. Adams and Colleen immediately ran downstairs to the front door, followed by Fitzpatrick’s daughter, Ciara
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Dobbs. When Adams opened the front door, [Appellant] immediately turned the shotgun on him. After Adams retreated back into the house and shut the door, [Appellant] reloaded the shotgun. [Appellant] then ordered Fitzpatrick to get into her van, which was parked on the street. Fitzpatrick walked down to her van and opened the door. [Appellant] was face to face with Fitzpatrick by her van, pointing the shotgun at her chest, when Fitzpatrick’s mother yelled “Jenny!” from the house. When Fitzpatrick attempted to turn around to look at her mother, [Appellant] shot her in the chest. Immediately after shooting Fitzpatrick, [Appellant] got into his car and drove away. Fitzpatrick died instantaneously as a result of the shotgun blast.
Philadelphia police officers in marked police vehicles chased [Appellant] as he fled the scene. [Appellant] was ultimately apprehended in an auto mechanic shop. Upon his arrest, [Appellant] stated “What would you do, she was on welfare, I paid for my child, I just was tired of her,” and “Why didn’t you just shoot me, my life is over.”
Trial Court Opinion, 2/24/15, at 1-3 (citations and footnote omitted).
Appellant waived his right to a jury trial, and on January 21, 2014
proceeded to a bench trial. On January 31, 2014, at the conclusion of the
three-day trial, the trial court found Appellant guilty of the aforementioned
offenses. On the same day, the trial court imposed a sentence of life
without parole on the first-degree murder charge, and no further penalty for
the remaining counts. Appellant did not file a post-sentence motion, nor a
direct appeal.
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On June 16, 2014, Appellant filed a timely petition pursuant to the
Post Conviction Relief Act (PCRA).2 Therein, Appellant averred he had
requested trial counsel file a notice of appeal, and that trial counsel had
failed to do so. Appellant’s PCRA petition, 6/16/14, at ¶¶ 2-3. On
December 19, 2014, the PCRA granted Appellant’s petition and reinstated his
direct appeal rights. On December 31, 2014, Appellant filed a timely notice
of appeal nunc pro tunc.3
On appeal, Appellant raises the following issue for our review.
A. Whether the verdict is insufficient as a matter of law to support a finding of guilt on the first degree murder charge where the evidence indicated that the shooting was an accidental killing without criminal intent or in the alternative the shooting was reckless but was without malice in order to form the intent for first degree murder?
Appellant’s Brief at 5.
We begin by noting our well-settled standard of review. “In reviewing
the sufficiency of the evidence, we consider whether the evidence presented
at trial, and all reasonable inferences drawn therefrom, viewed in a light
most favorable to the Commonwealth as the verdict winner, support the
jury’s verdict beyond a reasonable doubt.” Commonwealth v. Patterson,
91 A.3d 55, 66 (Pa. 2014) (citation omitted), cert. denied, Patterson v. ____________________________________________
2 42 Pa.C.S.A. §§ 9541-9546. 3 Appellant and the trial court have complied with Pennsylvania Rule of Appellate Procedure 1925.
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Pennsylvania, 135 S. Ct. 1400 (2015). “The Commonwealth can meet its
burden by wholly circumstantial evidence and any doubt about the
defendant’s guilt is to be resolved by the fact finder unless the evidence is so
weak and inconclusive that, as a matter of law, no probability of fact can be
drawn from the combined circumstances.” Commonwealth v. Watley, 81
A.3d 108, 113 (Pa. Super. 2013) (en banc) (internal quotation marks and
citation omitted), appeal denied, 95 A.3d 277 (Pa. 2014). As an appellate
court, we must review “the entire record … and all evidence actually
received[.]” Id. (internal quotation marks and citation omitted). “[T]he
trier of fact while passing upon the credibility of witnesses and the weight of
the evidence produced, is free to believe all, part or none of the evidence.”
Commonwealth v. Orie, 88 A.3d 983, 1014 (Pa. Super. 2014) (citation
omitted), appeal denied, 99 A.3d 925 (Pa. 2014). “Because evidentiary
sufficiency is a question of law, our standard of review is de novo and our
scope of review is plenary.” Commonwealth v. Diamond, 83 A.3d 119,
126 (Pa. 2013) (citation omitted), cert. denied, Diamond v. Pennsylvania,
135 S. Ct. 145 (2014).
Instantly, Appellant was convicted of murder of the first degree, which
is codified as follows.
§ 2502. Murder
(a) Murder of the first degree.--A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing.
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…
(d) Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection:
“Intentional killing.” Killing by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated killing.
18 Pa.C.S.A. § 2502.
Furthermore, our Supreme Court has consistently stated when proving
the sufficiency of the evidence for first-degree murder, the Commonwealth’s
burden is as follows.
In order to sustain a conviction for first-degree murder, the Commonwealth must prove that: (1) a human being was unlawfully killed; (2) the defendant was responsible for the killing; and (3) the defendant acted with malice and a specific intent to kill. Specific intent and malice may be established through circumstantial evidence, such as the use of a deadly weapon on a vital part of the victim’s body.
Commonwealth v. Arrington, 86 A.3d 831, 840 (Pa. 2014) (internal
citation omitted), cert. denied, Arrington v. Pennsylvania, 135 S. Ct. 479
(2014).
Instantly, Appellant argues the evidence was insufficient “where there
was no evidence that he had a specific premeditated intent to kill and the
evidence supports that the firearm accidently discharged and killed the
decedent.” Appellant’s Brief at 9. Appellant relies on his own testimony at
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trial that the “shot gun discharged accidentally while he was having a
discussion with [Fitzpatrick] in or near her van.” Id. at 10. He further
argues that Detective Williams’ testimony that Appellant was “upset and
crying when he learned Ms. Fitzpatrick had died[,]” bolsters his assertion.
Id. Upon careful review, we disagree.
The trial court has fully and adequately set forth the evidence in
support of its conclusion that the Commonwealth presented sufficient
evidence of Appellant’s intent to kill in its Rule 1925(a) opinion. See Trial
Court Opinion, 2/24/15, at 3-7. Specifically, we note that several eye-
witnesses testified that Appellant repeatedly pointed the shotgun at
Fitzpatrick, fired twice, reloaded and then shot her in the heart from only
feet away. Pennsylvania courts have consistently held that such evidence is
sufficient to establish the specific intent to kill for a first-degree murder
conviction. See Commonwealth v. Mattison, 82 A.3d 386, 392 (Pa.
2013) (concluding sufficient evidence of specific intent to kill existed where,
“eye witness testimony demonstrate[d] that after [the defendant] … fatally
shot the victim in the head at close range while the victim was lying
defenseless on the ground[]”), cert. denied, Mattison v. Pennsylvania,
135 S. Ct. 221 (2014); Commonwealth v. Chine, 40 A.3d 1239, 1242 (Pa.
Super. 2012) (concluding the defendant “surely intended the shooting to
have fatal results as he fired three shots at the victim’s head, a vital part of
the body[]”), appeal denied, 63 A.3d 773 (Pa. 2013). Accordingly, for
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purposes of our review, we adopt the reasoning of the Honorable Glenn B.
Bronson as our own.
Based on the foregoing, we conclude the Commonwealth presented
sufficient evidence to enable the trial court to find Appellant had the specific
intent to kill. Accordingly, we adopt the trial court’s February 24, 2015
opinion as our own, and Appellant’s January 31, 2014 judgment of sentence
is affirmed.4
Judgment of sentence affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq. Prothonotary
Date: 9/23/2015
____________________________________________
4 The parties are directed to attach a copy of the trial court’s February 24, 2015 opinion to this memorandum in the event of further proceedings.
-8- Received 04/10/2015 Superior Court Eastern District
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IN THE COPRT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CRIMINAL TRIAL DIVISION
COMMONWEALTH OF CP-51-CR ~ooo s,t!iri~P 1 ir""'· : i'" \' PENNSYLVANIA ir·- /! ;!_ !·" i j CP-51-CR-0005442-2013 Comm. v. Alo~onder. Anlhony G ' Opinion v.
ANTHONY ALEXANDER Ill\ I \1111\ I\ \Ill\\\ 111\1 7261556851 OPINION
BRONSON, J. February 24, 2015
On January 31, 2014, following a non-jury trial before this Court, defendant Anthony
Alexander was convicted of one count each of first degree murder (18 Pa.C.S. § 2502), violation
of a protective order (18 Pa.C.S. § 4955), possession of an instrument of crime (18 Pa;C.S. §
907), recklessly endangering another person (18 Pa.C.S. § 2705), and simple assault (18 Pa.C.S.§
2701(a)). The Court immediately imposed the mandatory sentence of life in prison for the
murder charge (18 Pa.C.S. § 1102(a)(l).
Defendant has now appealed from the judgment of sentence entered by the Court on the
sole ground that the evidence was legally insufficient to support a finding of guilt for first degree
murder. Statement of Errors Complained of on Appeal ("Statement of Errors") at~ 1. For the
reasons set forth below, defendant's claim is without merit and the judgment of sentence should
be affirmed.
I. FACTUAL.BACKGROUND
At trial, the Commonwealth presented the testimony of Philadelphia Police Detective
Nathan Williams, Philadelphia Police Officers Raymond Andrejczak, Lamont Robinson, Circulated 09/03/2015 03:15 PM
Jacqueline Davis, Johnny Hightower, and Floyd Jackson, Associate Medical Examiner Dr.
Aaron Rosen, Jerome P. Wilkins, Colleen Fitzpatrick, and Andrea Johnson. Defendant testified
on his own behalf and presented the testimony of Marlon Alexander and Sharon Rafael. Viewed
in the light most favorable to the Commonwealth as the verdict winner; the evidenceestablished
the following.
On February 26, 2013, at approximately 8 o'clock in the morning, defendant drove to the
600 block ofYewdall Street in Philadelphia, Pennsylvania. N.T. 1/21/14 at 61-'62; 1/23/14 at
157-158. Defendant exited his vehicle carrying a shotgun and approached Jennifer Fitzpatrick, who was the mother of his 4 year old son. Id.; N.T. 1/23/14 at 145. Fitzpatrick had previously
obtained a protection from abuse order against defendant. N.T. 1/23/14 at 18, 68-69, 152. When
Fitzpatrick saw defendant approach her carrying a shotgun, she immediately fled down Yewdall
Street screaming, "Help, help!" N.T. 1/21/14 at 61; 1/23/14 at 159. Fitzpatrick ran up to a car
that was parked on the side of the street and begged for help. N.T. 1/21/14 at 63. When the
person inside the car saw defendant approaching with a shotgun, he immediately drove off. Id.
Defendant caught up to Fitzpatrick and the two began to struggle. N.T. 1/21/14 at 63. Fitzpatrick
eventually broke free from defendant and continued to run down Yewdall Street. N.T. 1/21/14 at
63-64. Defendant chased Fitzpatrick down the street and fired the shotgun twice i1:1 her direction.
N.T. 1/21/14 at 63; 65-67. Defendant eventually caught up to Fitzpatrick again and grabbed her
by the arm. N.T. 1/21/14 at 68-69.
Defendant pulled Fitzpatrick by her arm to her house on the 500 block of Yewdall Street
with the shotgun still in hand. N.T. 1/21/14 at 68;.69. When Fitzpatrick and defendant arrived at
her house, Fitzpatrick walked up onto her front porch. N.T. at 1/21/14 at 70. Fitzpatrick's
mother, Colleen Fitzpatrick, was inside the house and heard a loud noise from the outside,
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prompting her to ask her husband, Delmar Adams, to investigate. N.T. 1/23/14 at 20-21.1 When
Adams looked outside a window, he saw defendant pointing a shotgun at Fitzpatrick. N.T.
1/23/14 at 21. Adarris and Colleen immediately ran downstairs to the front door, followed by
Fitzpatrick's daughter, Ciara Dobbs. N.T. at l/23/14 at 21, 24. When Adams opened thefront
door, defendant immediately turned the shotgun on him. N.T. 1/21/14 at 70~71; 1/23/14 at 22,
24; After Adams retreated back into the house and shut the door, defendant rel~aded the shotgun.
N.T. 1/21/14 at 71. Defendant then ordered Fitzpatrick to get into her van, which was parked on
the street. N. T. 1/21 /14 at 71- 72; 1/23/14 at 24. Fitzpatrick walked down to her van and opened
the door. N.T. 1/21/14 at 72-73. Defendant was face to face \0th Fitzpat~ick by he~ van, pointing
the shotgun at her chest, when Fitzpatrick's mother yelledi'Jenny!" from the house. N.T. 1/21/14 at 73~74; 1/23/14 at 24, 29-31. When Fitzpatrick attempted to turn around to look at her mother,
defendant shot her in the chest. N,T. 1/21/14 at 74-75; 1/23/14 at 24, 30-31. Immediately after
shooting Fitzpatrick, defendant got in his car and drove away. N.T. 1/21/14 at 73, 75. Fitzpatrick
died instantaneously as a result of the shotgun blast N.T. 112'3/14 at 56-57.
Philadelphia police officers in marked police vehicles chased defendant as he fled the scene. N.T. 1/23/14 at 107-109, 114. Defendant was ultimately apprehended in an auto
mechanic shop. N.T. 1/23/14 at 114. Upon his arrest, defendant stated "What would you do, she
was on welfare, I paid for my child, I just was tired of her," and "Why didn't you just shoot me,
my life is over." N.T. 1/23/14 at 114-115.
II. DISCUSSION
Defendant's only claim pertains to the sufficiency of the evidence supporting his
conviction for first degree murder. Defendant avers that the evidence was "insufficient as a
I As both Jennifer Fitzpatrick and Colleen Fitzpatrick share their last name, Colleen Fitzpatrick will hereafter be referred to by her first name to avoid confusion.
3 Circulated 09/03/2015 03:15 PM
matter of law to support a finding of guilt on the first degree murder charge where the evidence
indicted that the shooting was an accidental killing without criminal intent or in the alternative
the shooting was reckless but was without malice in order to form the intent for first degree
murder." Statement of Errors at ,r L This claim is without merit. In considering a challenge to the sufficiency of the evidence, the Court must decide
whether the evidence attrial, viewed in the light most favorable to the. Commonwealth, together
with all reasonable inferences therefrom, could enable the fact-finder to find every element of the
crimes charged beyond a reasonable doubt. Commonwealth v. Walsh, 36 A.3d 613, 618 (Pa.
Super. 2012) (quoting Commonwealth v. Brumbaugh, 932 A.2d 108, 109 (Pa. Super. 2007)). In
· making this assessment, a reviewing court may not weigh the evidence and substitute its own
judgment for that of the fact-finder, who is free to believe all, part, or none of the evidence.
Commonwealth v. Ramtahal, 33 A.3d 602, 607 (Pa. 2011). "[A] mere conflict in the testimony
of the witnesses does not render the evidence insufficient ... " Commonwealth v. Mantini, 712
A.2d 761, 767 (Pa. Super. 1998). The Commonwealth may satisfy its burden of proof entirely
by circumstantial evidence. Ramtahal, 33 A.3d at 607. "If the record contains support for the
verdict, it may not be disturbed." Commonwealth v. Adams, 882 A.2d 496, 499 (Pa. Super. . .· 2005) (quoting Commonwealth v. Burns, 765 A.2d 1144 (Pa. Super. 2000); appeal denied, 782 ,
A.2d 542 (Pa. 2001)).
The evidence is sufficient to establish first-degree murder where the Commonwealth
proves that (1) a human being was unlawfully killed; (2) the person accused is responsible for the
killing; and (3) the accused acted with the specific intent to kill.'' Commonwealth v, Edwards,
903 A.2d 1139, 1146 (Pa. 2006) (quoting 18 Pa.C.S. § 2502(d)). The specific intent to kill can . . . be inferred "from the manner in which the homicide was committed, such as, multiple gunshot
4 Circulated 09/03/2015 03:15 PM
wounds." Commonwealth v. Hughes, 865 A.2d 761, 793 (Pa. 2004). Moreover, specific intent
to kill may be inferred from a defendant's use of a deadly weapon on a vital.partof the victim's . . .
body. Commonwealth v. Robertson, 874 A.2d 1200, 1207 (Pa. Super. 2005).
The evidence in this case clearly established that defendant intended to shoot arid kill . . .
Fitzpatrick. Jerome Wilkins, an eyewitness to the shooting, testified he saw Fitzpatrick running ' . down the 600 block of Yewdall Street screaming for help. N.T. 1/21/14 at 61.;62. Wilkins •
testified that ,' ,. he saw . defendant running . behind Fitzpatrick, . with a shotgun pointing ·. . towards . her, ·
and watched as defendant fired the shotgun twice inher direction as she fled. N;T; 1/21/14 at 65:. . . : .
67. Wilkins further observed defendant holding the shotgun in one hand while pulling Fitzpatrick
towards her house with the other hand. N.T. 1/21/14 at 69-70. When defendant and Fitzpatrick
reached her house, Wilkins testified he observed Adams open the front door of the house and
witnessed defendant point the shotgun at Adams, forcing Adams to retreat back into the home.
N.T. 1/21/14 at 70-71. After Adams retreated into the house, Wilkins observed defendant reload
the shotgun. N.T. 1/21/14 at 71. Wilkins then saw defendant direct Fitzpatrick to van parked on a the street. N.T. 1/21/14 at 71-.72. As defendant and Fitzpatrick were standing by the van, Wilkins
observed defendant pointing the shotgun at Fitzpatrick from about three to four feet away. N.T.
1/21/14 at 73. Monients later, Wilkins observed defendant fire the shotgun at Fitzpatrick. N.T
1/21/14 at 73-75. Wilkins testified that after defendant shot Fitzpatrick, he threw the shotgun into
his car and "spunoff."N.T. 1/21/14 at 73, 75.
Fitzpatrick's mother, Colleen, corroborated Wilkin's testimony. Colleen testified that on . - ..... the morning of February 26th, 2013, she heard a loud noise outside and asked her husband,
Delmar Adams, to investigate. N.T. 1/23/2014 at 20-21. Colleen testified that Adams went to the
window and looked outside before saying, "Tony outside, he got a gun, he got Jennifer." id.
·; 5 Circulated 09/03/2015 03:15 PM
Colleen stated that she, Adams, and Fitzpatrick's daughter, Ciara Dobbs, ran downstairs to the
door and opened it. N.T; 1/23/14 at 21, 24. When they opened the door, Colleen testified that she
saw defendant outside pointing a gun at Fitzpatrick. N:T 1/23/14 at 21-24. Colleen testified that
when defendant saw Adams open the door, he turned the shotgun on them. N.T. 1/23/14 at 22.
Colleen then testified that Adams immediately shut the door. N.T. 1/23/14 at 24. After a brief
moment, Colleen stated that she opened the door again and observed defendant pointing the
shotgun at Fitzpatrick's chest. N.T'. 1/23/14 at 24, 28~29. Colleen testified that she then called
out, "Jenny," and Fitzpatrick turned to try and look at her. N.T. 1/23/14 at 31. Colleen then stated
that when Fitzpatrick turned to look at her, defendant shot her in the chest while standing only
three or four feet away. N.T. 1/23/14 at 29-31.
The Commonwealth also presented evidence of defendant's flight following the shooting
that was compelling evidence of his consciousness of guilt. Philadelphia Police Officer Johnny
Hightower testified that he pursued defendant, who was driving a black Mercedes-Benz, N.T.
1/23/14 at 106. Hightower testified that defendant refused to pull over when Hightower activated
his lights and sirens. N.T. 1/23/14 at 107. Hightower stated that when defendant came to a stop
sign, Hightower got out of his police vehicle, drew his weapon, and ordered defendant to step out
of his car. Id Defendant ignored Hightower's instructions and continued to flee the Scene. Id.
Hightower continued pursuing defendant through at least ten stop signs and stop lights, with
defendant repeatedly refusing to comply with Hightower' s commands to stop and step out of his
car. N.T. 1/23/14 at 107-109. Officer Floyd Jackson testified that he continued the pursuit of
defendant as he fled the scene, ultimately apprehending defendant at 'a mechanic's shop. N.T.
1/23/14 at 114. Jackson also testified that defendant disregarded multiple stop signs and red
lights as he fled. Id. Circulated 09/03/2015 03:15 PM
Defendant's statements upon being arrested were highly probative of his specific intent to
kill. Officer Jackson testified that when he apprehended the defendant, defendant stated, "What
would you do, she was on welfare, I paid for my child, ljust was tired of her," and "Why didn't
you justshoot me, my life is over." N.T. 1/23/14 at 114 . . 115: These statements were
completely inconsistent with an accidental or reckless shooting. .
The eye-witness testimony by Wilkins arid Coleen Was corroborated by the physical
evidence recovered at the scene. Officer Jacqueline Davis testified that she collected a fired 12-
gauge shotgun shell next to Fitzpatrick's body. N.T. 1/23/14 at 81. Officer Davis also recovered
a live 12-gauge shotgun shell in the intersection of Cedar and Yewdall Street. N.T; 1/23/14 at 81-
82. Further, Officer Davis testified that she found three pieces of plastic wadding fromshotgun
shell casings and a fired shotgun shell on the block of 600 Yewdall Street. N.T. 1/23/14 at 82.
Associate Medical Examiner Dr. Aaron Rosen testified_ that the shotgun blast "basically
destroyed [Fitzpatrick's] heart such that it was almost unrecognizable ... .'' N.T. 1/23/14 at 57.
Dr. Rosen testified that Fitzpatrick's wound was consistent with a shotgun blast that was fired
from within a three foot range. N.T. 1/23/14 at 58-59.
Accordingly, the evidence demonstrated that defendant chased Fitzpatrick down the
street while firing his shotgun twice in Fitzpatrick's direction. He reloaded the shotgun and fired .·
it into Fitzpatrick's chest at pointblank range, '1D:d then immediately attempted to flee the scene.
When caught, he explained that he was "tired of her." This was overwhelming evidence that
defendant acted with malice and with the specific intent to kill. Accordingly, the evidence was
clearly sufficient to support the Court's finding that defendant was guilty of first degree murder.
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III. CONCLUSION
For all of the foregoing reasons, the Court's judgment of sentence should be affirmed.
BY THE COURT:
GLENN B. BRONSON, J.