Com. v. Brown, S.

CourtSuperior Court of Pennsylvania
DecidedApril 16, 2025
Docket769 WDA 2024
StatusUnpublished

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Bluebook
Com. v. Brown, S., (Pa. Ct. App. 2025).

Opinion

J-S11014-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : STANLEY K. BROWN : : Appellant : No. 769 WDA 2024

Appeal from the Judgment of Sentence Entered May 29, 2024 In the Court of Common Pleas of Mercer County Criminal Division at No(s): CP-43-CR-0000743-2023

BEFORE: MURRAY, J., KING, J., and LANE, J.

MEMORANDUM BY MURRAY, J.: FILED: April 16, 2025

Stanley K. Brown (Appellant) appeals from the judgment of sentence

imposed after a jury convicted him of one count each of aggravated assault,

simple assault, and harassment; and three counts of recklessly endangering

another person.1 Additionally, Appellant’s counsel (Counsel) has filed a

motion to withdraw as counsel and accompanying brief in accordance with

Anders v. California, 386 U.S. 738 (1967), and Commonwealth v.

Santiago, 978 A.2d 349 (Pa. 2009). We grant Counsel’s motion to withdraw

and affirm the judgment of sentence.

This case arises from a domestic dispute that occurred on May 23, 2023,

between Appellant and Brittany Norcross (Ms. Norcross), at 411 Cedar

____________________________________________

1 18 Pa.C.S.A. §§ 2702(a)(1), 2701(a)(1), 2709(a)(1), 2705. J-S11014-25

Avenue, Mercer, Pennsylvania (the residence or Ms. Norcross’s residence). On

May 24, 2023, the Commonwealth filed a criminal complaint alleging that,

after Ms. Norcross refused to allow Appellant to use her vehicle, Appellant

produced a firearm and fired at Ms. Norcross, narrowly missing her. Affidavit

of Probable Cause, 5/24/23, at 1. The Commonwealth further alleged that

Ms. Norcross’s cousin, Ashlynn Colwell (Ashlynn), and Ashlynn’s mother,

Marion Colwell (Marion), were present the night of the incident, and were

placed in danger of death or serious bodily injury by Appellant’s gunshot. Id.

On August 18, 2023, the Commonwealth filed a criminal information charging

Appellant with the above-referenced offenses, in addition to one count of

discharging a firearm into an occupied structure.2

The matter proceeded to a jury trial on March 18, 2024, where Appellant

was represented by Counsel.3 The Commonwealth first called Ashlynn to

testify. Ashlynn testified that on the evening of May 23, 2023, following her

release from the Erie County Jail,4 she went to Ms. Norcross’s residence with

Marion. See N.T., 3/18/24, at 28. Ashlynn testified that she arrived at Ms.

2 18 Pa.C.S.A. § 2707.1(a). The trial court granted the Commonwealth’s request to nolle pros the charge of discharging a firearm into an occupied structure on March 11, 2024.

3 Appellant did not file an omnibus pretrial motion or any motions in limine in

advance of trial.

4 Ashlynn did not testify as to the basis for her incarceration in the Erie County

Jail.

-2- J-S11014-25

Norcross’s residence at approximately 1:00 a.m., where she stayed for “a

couple of hours.” Id. According to Ashlynn, when she arrived at the

residence, also present were Marion, Ms. Norcross, and two unidentified

individuals (a male and female). Id. at 17. Ashlynn stated that Appellant

was not present at the residence. Id. Ashlynn testified that she fell asleep

for a period of time before going to her grandmother’s house, which is located

across the street from the residence. See id. Ashlynn testified she remained

at her grandmother’s house for “a couple of hours” before returning to the

residence to take Ms. Norcross’s minor son to school. Id. at 29.

Ashlynn explained that, later that day, she returned to the residence to

try to persuade Marion to take her home. Id. At that time, Ashlynn testified,

she brought Ms. Norcross’s minor daughter to Ashlynn’s grandmother’s house,

because Ms. Norcross was screaming and highly intoxicated. Id. at 30.

Ashlynn testified that, at approximately 3:30 or 4:00 p.m., Ms. Norcross was

“breaking the car windows out of [a] white vehicle parked in the driveway[.

Ms. Norcross] was outside yelling and screaming, being very rude.” Id. at 31.

Ashlynn testified that shortly after Ms. Norcross’s outburst, Ashlynn returned

to the residence, after which she heard gunfire. Id. at 33. Ashlynn explained

that she did not see a firearm or witness the shooting, but recalled seeing a

man with dreadlocks, whom she believed was named “Brown.” Id. Ashlynn

testified that the man with dreadlocks did not resemble Appellant. Id.; see

-3- J-S11014-25

also id. at 20 (Ashlynn testifying that she did not see Appellant at any point

when she was at the residence).

Concerning her association with Appellant, Ms. Norcross testified that,

for an unspecified period of time, Appellant had been spending approximately

two nights a week at her residence. N.T. (Jury Trial – Day Two), 3/19/24,5 at

6. Ms. Norcross described her relationship with Appellant as “[f]riends with

benefits.” Id. at 7. Ms. Norcross confirmed that, on May 23, 2023, she and

Appellant had a disagreement, but she could not recall the nature of the

dispute, because she “was drunk and high.” Id. Ms. Norcross stated that she

did not remember whether 1) Appellant had a firearm the day of the shooting;

2) she had ever seen Appellant with a firearm in the past; or 3) a firearm had

been discharged at the residence on May 23, 2023. Id. at 8.

Ms. Norcross testified that earlier on the date of the incident, she

consumed alcohol with Marion’s stepfather, Randy Gillespie. Id. at 17. Ms.

Norcross claimed that a friend of Appellant’s, an unidentified man she believed

might have been named “Browns or Briggs,” was detailing her car. Id. at 17,

18, 32. Ms. Norcross testified that this unidentified man wanted to move her

car, and she responded, “my car is not being moved [] by anybody.” Id. at

17. At some point during this dispute over her vehicle, Ms. Norcross testified

5 The transcript for the second day of Appellant’s jury trial erroneously indicates that it occurred on March 18, 2024. However, the docket and the transcript for the first day of testimony confirms Appellant’s trial began on March 18, 2024, and concluded on March 19, 2024.

-4- J-S11014-25

that Appellant took her keys and locked her in her car, “because I was drunk

and belligerent.” Id. at 19. Ms. Norcross indicated that she then exited the

vehicle and instigated a physical altercation with Appellant. Id.; see also id.

at 39 (Ms. Norcross testifying, “I got physically aggressive[,] and I was

slapping [Appellant], hitting him in the face and stuff. And that’s when he

pushed me up against the car and that’s when my neck [be]came involved.”);

id. (Ms. Norcross clarifying that Appellant placed his hand on her neck in order

to defend himself). After this altercation, Ms. Norcross claimed Appellant left,

and that she did not see him thereafter. Id. at 20.6

The prosecutor showed Ms. Norcross Commonwealth’s Exhibit 11

(Exhibit 11), which, Ms. Norcross confirmed, was the handwritten, signed

statement she provided to the Sharon Police Department. Id. at 12-13.

Counsel objected to Exhibit 11 as hearsay. Id. at 13. The trial court overruled

Counsel’s objection, noting that the testimony established that Ms. Norcross

was the declarant of the written statement. Id. The prosecutor then moved

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Com. v. Brown, S., Counsel Stack Legal Research, https://law.counselstack.com/opinion/com-v-brown-s-pasuperct-2025.