Com. v. Khamisi, P.

CourtSuperior Court of Pennsylvania
DecidedApril 7, 2026
Docket1270 EDA 2025
StatusUnpublished
AuthorBeck

This text of Com. v. Khamisi, P. (Com. v. Khamisi, P.) 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. Khamisi, P., (Pa. Ct. App. 2026).

Opinion

J-S47032-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : PETER KHAMISI : : Appellant : No. 1270 EDA 2025

Appeal from the Judgment of Sentence Entered April 16, 2025 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0002179-2023

BEFORE: PANELLA, P.J.E., OLSON, J., and BECK, J.

MEMORANDUM BY BECK, J.: FILED APRIL 7, 2026

Peter Khamisi (“Khamisi”) appeals from the judgment of sentence

imposed by the Philadelphia County Court of Common Pleas (“trial court”)

following his convictions of third-degree murder and possessing instruments

of a crime (“PIC”).1 On appeal, Khamisi challenges the sufficiency and weight

of the evidence supporting his third-degree murder conviction and the

discretionary aspects of his sentence related to his third-degree murder

conviction. After review, we affirm.

On December 28, 2022, police responded to a call at Custer Street and

Alleghany Avenue in Philadelphia, finding David Smith (“Decedent”) on the

ground suffering from a stab wound to the left side of his chest. He was

____________________________________________

1 18 Pa.C.S. §§ 2502(c), 907(a). J-S47032-25

pronounced dead soon after police arrived. As part of their investigation, the

police obtained three storefront videos and six to seven real-time videos from

the neighborhood. Police identified Khamisi as the individual who stabbed

Decedent during a drug purchase gone wrong. After stabbing Decedent,

Khamisi was seen immediately leaving the scene in a black Honda registered

in his name.

Police arrested Khamisi on January 14, 2023. The case proceeded to a

bench trial on January 29, 2025. Subsequently, the trial court convicted

Khamisi of third-degree murder and PIC. On April 16, 2025, the trial court

sentenced Khamisi to an aggregate sentence of fifteen to forty years of

incarceration. Following the denial of Khamisi’s motion for reconsideration,

he timely filed the instant appeal and a concise statement of errors complained

of on appeal pursuant to Pa.R.A.P. 1925(b).

On appeal, Khamisi presents the following issues for review:

1. Whether there was sufficient evidence to convict [] Khamisi of third-degree murder.

2. Whether the court’s verdict was against the weight of the evidence adduced at trial.

3. Where [] Khamisi acted in self-defense, whether the court should have taken that into consideration and acquitted [] Khamisi.

4. Whether the court’s sentence was excessive.

5. Consideration of [] Khamisi’s claims of ineffective assistance of counsel should be deferred until collateral review.

Khamisi’s Brief at 7.

-2- J-S47032-25

Sufficiency of the Evidence

We address Khamisi’s first and third claims together. Khamisi argues

the evidence was insufficient to support his third-degree murder conviction.

Id. at 20-23. He contends the Commonwealth failed to establish, beyond a

reasonable doubt, that he acted with malice. Id. at 21. Khamisi states he

never deliberately armed himself before venturing into the neighborhood

where Decedent was killed. Id. Additionally, Khamisi asserts that he was

“apprehensive and as cautious as possible” before entering the neighborhood

because of previous injuries he had sustained while in the area. Id. Finally,

he claims that he never intended to harm Decedent, but instead only to

distance himself from Decedent when he struck him with the knife. Id. at 22.

Relatedly, Khamisi argues that the Commonwealth failed to disprove,

beyond a reasonable doubt, that he acted in self-defense. Id. at 24-27. He

contends that Decedent had threatened to kill him and attempted to prevent

him from leaving the scene. Id. at 25-26; see also id. at 26 (noting that he

was threatened as he attempted to leave the drug sale). According to

Khamisi, the ability to retreat was not available to him as it would have put

his life in more danger. Id. at 26-27.

We review a challenge to the sufficiency of the evidence according to

the following standard:

Because a determination of evidentiary sufficiency presents a question of law, our standard of review is de novo and our scope of review is plenary. In reviewing the sufficiency of the evidence,

-3- J-S47032-25

we must determine whether the evidence admitted at trial and all reasonable inferences drawn therefrom, viewed in the light most favorable to the Commonwealth as verdict winner, were sufficient to prove every element of the offense beyond a reasonable doubt. [T]he facts and circumstances established by the Commonwealth need not preclude every possibility of innocence. It is within the province of the [factfinder] to determine the weight to be accorded to each witness’s testimony and to believe all, part, or none of the evidence. Moreover, as an appellate court, we may not re-weigh the evidence and substitute our judgment for that of the [factfinder].

Commonwealth v. Rosario, 307 A.3d 759, 764-65 (Pa. Super. 2023)

(citation omitted)

To sustain a conviction of third-degree murder, the Commonwealth

must establish “(1) an intentional act, (2) done with malice, that (3) results

in an unintentional killing.” Commonwealth v. Arrington, 247 A.3d 456,

461 (Pa. Super. 2021) (citation omitted); see also 18 Pa.C.S. § 2502(c).

Malice is present when a defendant did not have an intent to kill but

nevertheless displayed a conscious disregard for “an unjustified and extremely

high risk that his actions might cause death or serious bodily harm.”

Commonwealth v. Packer, 168 A.3d 161, 168 (Pa. 2017) (citation omitted).

Malice comprehends “ill-will, … wickedness of disposition, hardness of heart,

cruelty, recklessness of consequences, and a mind regardless of social duty,

although a particular may not be intended to be injured.” Id. (citation

omitted). Further, a factfinder may infer malice from the totality of the

circumstances. Commonwealth v. Golphin, 161 A.3d 1009, 1018 (Pa.

Super. 2017).

-4- J-S47032-25

Self-defense is a complete defense to a homicide charge if:

(1) the defendant reasonably believed that he was in imminent danger of death or serious bodily injury and that it was necessary to use deadly force to prevent such harm; (2) the defendant did not provoke the threat that resulted in the slaying; and (3) the defendant did not violate a duty to retreat.

Commonwealth v. Jones, 271 A.3d 452, 458 (Pa. Super. 2021) (citations

omitted). “Where the defendant has introduced evidence of self-defense, the

burden is on the Commonwealth to disprove the self-defense claim beyond a

reasonable doubt by proving that at least one of those three elements is

absent.” Id. (citation omitted).

At trial, Detective Randall Farward testified that he obtained surveillance

video from three store locations and multiple real-time cameras. N.T.,

1/29/2025, at 14-15. According to Detective Farward, the compilation of

videos prepared for trial depicted Khamisi’s 2020 black Honda traveling in the

area. Id. at 18. It shows Khamisi and Decedent walking together, and

ultimately Khamisi using a weapon to inflict the fatal injury upon Decedent,

with a blood trail beginning to flow from Decedent following the stabbing. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Commonwealth v. Bennett
827 A.2d 469 (Superior Court of Pennsylvania, 2003)
Commonwealth v. Ventura
975 A.2d 1128 (Superior Court of Pennsylvania, 2009)
Gattis v. State
955 A.2d 1276 (Supreme Court of Delaware, 2008)
Commonwealth v. Briggs
12 A.3d 291 (Supreme Court of Pennsylvania, 2011)
Commonwealth v. Rhoades
8 A.3d 912 (Superior Court of Pennsylvania, 2010)
Commonwealth v. Swope
123 A.3d 333 (Superior Court of Pennsylvania, 2015)
Commonwealth v. Hitcho, G., Aplt.
123 A.3d 731 (Supreme Court of Pennsylvania, 2015)
Commonwealth v. Golphin
161 A.3d 1009 (Superior Court of Pennsylvania, 2017)
Commonwealth v. McCain
176 A.3d 236 (Superior Court of Pennsylvania, 2017)
Commonwealth v. Clemons, J., Aplt.
200 A.3d 441 (Supreme Court of Pennsylvania, 2019)
Commonwealth v. Hill
210 A.3d 1104 (Superior Court of Pennsylvania, 2019)
Commonwealth v. Kiesel
854 A.2d 530 (Superior Court of Pennsylvania, 2004)
Commonwealth v. Hunzer
868 A.2d 498 (Superior Court of Pennsylvania, 2005)
Commonwealth v. Riggs
63 A.3d 780 (Superior Court of Pennsylvania, 2012)
Commonwealth v. Collins
70 A.3d 1245 (Superior Court of Pennsylvania, 2013)
Commonwealth v. Holmes
79 A.3d 562 (Supreme Court of Pennsylvania, 2013)
Commonwealth v. Packer
168 A.3d 161 (Supreme Court of Pennsylvania, 2017)
Com. v. Knox, L.
2019 Pa. Super. 278 (Superior Court of Pennsylvania, 2019)
Com. v. Rivera, W.
2020 Pa. Super. 208 (Superior Court of Pennsylvania, 2020)
Com. v. Rivera, H.
2024 Pa. Super. 48 (Superior Court of Pennsylvania, 2024)

Cite This Page — Counsel Stack

Bluebook (online)
Com. v. Khamisi, P., Counsel Stack Legal Research, https://law.counselstack.com/opinion/com-v-khamisi-p-pasuperct-2026.