Com. v. Hayden, D.

CourtSuperior Court of Pennsylvania
DecidedMay 8, 2020
Docket106 WDA 2019
StatusUnpublished

This text of Com. v. Hayden, D. (Com. v. Hayden, D.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Com. v. Hayden, D., (Pa. Ct. App. 2020).

Opinion

J-S21006-20

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : DARYL T. HAYDEN : : Appellant : No. 106 WDA 2019

Appeal from the Judgment of Sentence Entered September 6, 2018 In the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-02-CR-0008106-2017

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : DARYL T. HAYDEN : : Appellant : No. 108 WDA 2019

Appeal from the Judgment of Sentence Entered September 6, 2018 In the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-02-CR-0008105-2017

BEFORE: LAZARUS, J., DUBOW, J., and MUSMANNO, J.

MEMORANDUM BY LAZARUS, J.: FILED MAY 08, 2020

Daryl T. Hayden appeals from the judgment of sentence,1 entered in the

Court of Common Pleas of Allegheny County, following his convictions for one

____________________________________________

1By filing two separate notices of appeal with one lower docket number on each notice, Hayden has complied with the dictates of Commonwealth v. Walker, 185 A.3d 969 (Pa. 2018), which held that “where a single order J-S21006-20

count of rape,2 three counts of involuntary deviate sexual intercourse by

forcible compulsion (IDSI),3 one count of attempted IDSI,4 and two counts

each of sexual assault—serious bodily injury,5 indecent assault—forcible

compulsion,6 aggravated assault,7 strangulation in connection with sexual

violence,8 terroristic threats,9 and possession of an instrument of crime

(PIC).10 Upon careful review, we affirm.

Hayden’s convictions arise from two separate incidents that occurred in

June of 2017.11 The trial court set forth the relevant facts, in part, as follows:

resolves issues arising on more than one docket, separate notices of appeal must be filed for each of those cases.” Id. at 977. See also Pa.R.A.P. 341(a). 2 18 Pa.C.S.A. § 3121(a)(1).

3 18 Pa.C.S.A. § 3123(a)(1).

4 Id.; 18 Pa.C.S.A. § 901(a).

5 18 Pa.C.S.A. § 3124.1.

6 18 Pa.C.S.A. § 3126(a)(1).

7 18 Pa.C.S.A. § 2702(a)(1).

8 18 Pa.C.S.A. § 2718(a)(1).

9 18 Pa.C.S.A. § 2706(a)(1).

10 18 Pa.C.S.A. § 907(a).

11Hayden was charged at CC Nos. 201708105 and 201708106 in connection with his assaults against M.D. and L.H., respectively. The cases were consolidated for trial before the Honorable Mark Tranquilli. See N.T. Trial, 6/6/18, Vols. 1 and 2.

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In the early morning hours on June 10, 2017, victim M.D. encountered [Hayden] while walking on Frankstown Avenue in the area of Homewood. The two had never met before and engaged in a conversation wherein [Hayden] agreed to give [M.D.] crack cocaine in exchange for sex. [Hayden] initially suggested [they go to] his Mother’s house, or someone by the name of “Mama Jean[,]” as they walked in search of a location. They eventually settled on the football field located behind Westinghouse High School. [M.D.]’s testimony was uncontradicted by [Hayden] up to this point.

[M.D.] testified that once at the football field[, Hayden] offered her a piece of crack; she tasted it by putting it to her tongue and determined that it was fake. She rejected the crack and began walking away when [Hayden] grabbed her from behind by placing his arm around her throat, choking her, while simultaneously bringing her to her knees. [Hayden] positioned himself on top of [M.D.] and repeatedly punched her [in] the head upwards of fifteen (15) to twenty (20) times. M.D. recalled her nose hurt and that she was choking on blood when [Hayden] displayed a box cutter, threatening to kill her with it. She testified that she was in fear for her life and grabbed for what she thought was a stick and began swinging it at [Hayden]. He continued to strangle her, and with the box cutter in hand, ordered [M.D.] to strip naked. She complied and[,] at his direction, stood up and walked over to the corner of the building where he forced her to perform oral sex. [Hayden] then removed his penis from her mouth, retrieved a condom from her purse[,] and ordered her to put the condom on him using her mouth. He then forced her to perform oral sex a second time. M.D. testified that she was then made to stand up, bend over, and was raped anally by [Hayden]. M.D. did not consent to any of the sexual acts. [Hayden] told her to get dressed and while in considerable pain, she managed to put on some clothes, grab her belongings[,] and walk to a nearby house for help.[12] That homeowner called police and M.D. was transported to a nearby hospital by ambulance where she was treated for five (5) days for a blood clot on her brain, concussion,

12 The homeowner, Jenee Johnson, testified that she encountered M.D. banging on her front door early that morning, bleeding from her face, nose, and mouth, repeatedly stating that she had been beaten up and raped. N.T. Trial, 6/6/18, Vol. 1 at 147-49.

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broken nose, and bruising to the right side of her face and eyes, which were swollen shut.

Alternatively, [Hayden] testified to the events at the football field as consensual sex. He disputed [M.D.]’s testimony that she rejected the crack because it [] was fake, informing the jury that M.D. in fact smoked the drugs with her own crack pipe. [Hayden] continued to counter M.D.’s testimony by contending that she removed her own clothes and willingly participated in sex. He explained to the jury that it was only after [M.D.] asked for money, despite their “agreement,” that he protected himself by slapping her several times in the face with an open hand.

An eerily similar set [of] events played out eleven (11) days later during the early morning hours on June 21, 2017, when a second victim, L.H., encountered [Hayden] on Frankstown Avenue in Homewood.[13] L.H. testified that she was six (6) months pregnant and was walking to a friend’s house when [Hayden], who she had never met before, approached her asking for a cigarette. She described to the jury that while walking, [Hayden] asked her if she wanted to go to his house, only to tell L.H. a short time later that they couldn’t because [another woman] was home. When asked why she was with [Hayden], L.H. explained that [Hayden] wanted to talk, but she could not recall what they discussed. They eventually reached the top steps that lead down to the football field behind Westinghouse High School. It is at this time that [Hayden] asked [L.H.] where they were going to have sex. L.H. refused, telling the jury that she was six (6) months pregnant and that having sex was “not the plan.” L.H. described how [Hayden] then put his arm around her neck and dragged her backwards down the steps onto the field. While choking her, [Hayden] removed her head scarf, one shoe, and pant leg and made [L.H.] retrieve a condom from her purse. [Hayden] put the condom on himself and attempted vaginal sex. L.H. resisted, broke free[,] and ran, screaming and crying for help[14] away from the dark field ____________________________________________

13 Neither M.D. nor L.H. knew each other when the assaults occurred. N.T. Trial, 6/6/18, Vol. 1 at 131; N.T. Trial, 6/6/18, Vol. 2 at 58.

14Darren Holmes, who lived close to Westinghouse High School, testified that he heard a woman yelling for help during the early hours of June 21; at first, he ignored it, but called 911 after the screaming continued and he heard “the fear in her voice.” N.T. Trial, 6/6/18, Vol. 2 at 61-62.

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and toward the steps, which were lit. [Hayden], for the second time, grabbed [L.H.] around her throat and dragged her down the steps back onto the unlit field.

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Com. v. Hayden, D., Counsel Stack Legal Research, https://law.counselstack.com/opinion/com-v-hayden-d-pasuperct-2020.