Com. v. Nole, Z.

CourtSuperior Court of Pennsylvania
DecidedJanuary 8, 2026
Docket225 MDA 2025
StatusUnpublished

This text of Com. v. Nole, Z. (Com. v. Nole, Z.) 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. Nole, Z., (Pa. Ct. App. 2026).

Opinion

J-S35032-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : ZAMIR ALONZO NOLE : : Appellant : No. 225 MDA 2025

Appeal from the Judgment of Sentence Entered October 22, 2024 In the Court of Common Pleas of Clinton County Criminal Division at No(s): CP-18-CR-0000047-2024

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

MEMORANDUM BY LANE, J.: FILED JANUARY 08, 2026

Zamir Alonzo Nole (“Nole”) appeals from the judgment of sentence

imposed following his jury convictions of simple assault and aggravated

assault.1 We affirm.

The Commonwealth charged Nole in connection with a January 2024

assault on Heath Braunns (“Husband”) at a bar in Renovo, Clinton County. At

the jury trial in September 2024, Nole claimed self-defense and defense of

others, namely his sister. The parties played surveillance videos, which

captured the scene in the bar from two different angles, throughout the

testimony of the Commonwealth witnesses as well as Nole. We review the

trial testimony in detail.

____________________________________________

1 See 18 Pa.C.S.A. §§ 2701(a)(1), 2702(a)(2). J-S35032-25

Ashley O’Brien (“Bartender”) testified, reluctantly, as a Commonwealth

witness to all of the following.2 On the night in question, she was working as

a bartender at the bar. Her lifelong friend, Brooke Gregory (“Wife”) and Wife’s

husband, Husband, were there as patrons. Wife was generally “obnoxious”

and that night, Bartender told her “a couple times[ to] shut the heck up.”

N.T., 9/11/24, at 60. Wife and another patron, Tyshanek Presley (“Sister”),

who is Nole’s sister, were “[b]ickering” or arguing “throughout the night.” Id.

Bartender explained that Wife was arguing with Husband, and Sister “wanted

to butt in” and told Wife to stop. Id. At some point, Nole was also present in

the bar. Nole listened to Wife and Sister’s conversation but did not intervene.

See id. at 61. Then, Husband, Nole, and Sister talked together, although

Bartender could not hear what they were saying. See id. at 62. Bartender

again told Wife “to shut the hell up” and “shut her mouth.” Id. at 63.

Nole and Sister went to the other end of the bar, presumably to leave.

Bartender did not observe what happened next, but she described the scene

on the surveillance video as the Commonwealth played it: “[I]t looked like

[Wife] pinched [or grabbed Sister’s] boob [sic].” Id. at 66-67. At this time,

Husband was also standing with Wife and Sister. Bartender stated that

Husband “was not trying to fight anybody,” and instead “was trying to diffuse

the situation.” Id. at 67.

2 At the beginning of her direct examination, Bartender agreed that she “would

rather not be [t]here as a witness.” N.T., 9/11/24, at 43.

-2- J-S35032-25

Next, Wife testified to all of the following. She was at the bar with her

husband, and she was “mad at him all night” for losing his job that morning.

Id. at 84. Wife was familiar with, and liked, Sister, whom she had seen once

before. See id. at 82-83, 95. They talked for thirty to forty-five minutes, but

then Sister told Wife to “leave [H]usband alone,” and Wife told “her to mind

her own business.” Id. at 83, 95, 96. Sister “left and got her brother,” Nole.

Id. at 96. Wife was also familiar with Nole, although she did not know his

name. See id. at 85. Then, Husband talked to Sister and Nole. See id.

Sister and Nole walked in Wife’s direction and as they passed her, Sister

“shoulder blocked” Wife. Id. at 87. Wife denied hitting Sister prior to this.

Wife further testified to the following. At this point, Bartender talked to

her, although Wife could not remember the conversation. Wife “walk[ed] to

the other end of the bar” toward Husband, but when she arrived, she saw him

on the ground, and there was blood on his shirt and the floor. N.T., 9/11/24,

at 88-89. Wife tried to rouse him, but he did not wake up. Wife and Husband

were “taken for medical treatment” at different hospitals. Id. at 89. The

Commonwealth presented photos of Husband taken at the hospital; he had

lacerations and stitches on his chin and eyebrow and under his eye. See id.

at 91.

Husband testified that he had no recollection of what happened at the

bar. See id. at 113. At the hospital, his “head was swelled up,” he had “a lot

of pain” in his head, and he had a catheter. Id. at 114. Husband received

-3- J-S35032-25

“stitches in four different places on [his] face:” in his eyebrow, beside his eye,

under his eye, and on his chin. Id. at 114, 116-17. Husband now had scars.

At the time of trial, approximately eight months after the incident, Husband

continued to have an issue in his left eye: “[s]ometimes when the sun is out[,

he will] have this white streak [sic].” Id. at 114. Husband was in the hospital

for approximately twenty-four hours; he left because he did not have

insurance and could not “afford to be in a hospital.” Id. at 115.

The Commonwealth next called Sister, who testified to the following. At

the bar, she had a verbal argument with Wife, with whom she had previously

met and talked. At trial, Sister could not “really say what [the argument] was

about,” but Wife was “screaming[,] yelling[,] hooting[,] and hollering about

fighting her husband.” N.T., 9/11/24, at 123, 124. Sister denied that she

“interject[ed] into” their argument,” but Wife “called her a bitch and [said] it

was none of [her] business.” Id. at 124. Sister wanted to leave the bar but

needed a ride. She sent a text message to a friend, and as a result, her

brother, Nole, arrived at the bar.3 Sister was talking to Nole when Husband

approached them and said, “Guys, don’t pay her no mind, everything is going

to be okay. . . . She’s drunk.” Id. at 127. Sister then walked toward the

exit. In response to watching the surveillance video, Sister admitted that she

struck Wife, but testified that Wife struck her first. “At this point,” Husband

3 Nole testified that he was at this friend’s apartment when Sister asked for a

ride.

-4- J-S35032-25

“said bitch get off my wife.” Id. at 128. Wife also “made threats” that she

would “beat [her] up,” and Sister “was fearful of” Wife. Id. at 128-29.

The Commonwealth next called Pennsylvania State Police Trooper

Andrew Adams (“Trooper Adams,”) who responded to the scene around 2:00

a.m. “[T]here was a little bit of blood” on the floor in the corner of the bar.

N.T., 9/11/24, at 139. The Commonwealth played the surveillance video,

which Trooper Adams described as follows: Wife and Sister “were going back

and forth.” Id. at 148. “Nole, for the most part, [was] standing there with

his hands in his pockets.” Id. at 149. The altercation became “physical” when

Wife “touched” Sister, and then Sister “pursued [Wife] across the bar punching

her several times.” Id. at 148; see also id. at 150 (Trooper Adams testifying

that when Wife “touche[d]” Sister, Sister “punche[d] her in the face”). Nole

then talked to Sister and Husband in the corner of the bar, and that is “when

[Husband] put his hands on” Nole and Sister as they were “trying to walk out

of the bar.” Id. at 149. Nole struck Husband three or four times while

Husband was standing. Husband fell to the ground, and Nole struck him ten

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

Related

Miranda v. Arizona
384 U.S. 436 (Supreme Court, 1966)
Doyle v. Ohio
426 U.S. 610 (Supreme Court, 1976)
Commonwealth v. McClendon
874 A.2d 1223 (Superior Court of Pennsylvania, 2005)
Commonwealth v. Matthew
909 A.2d 1254 (Supreme Court of Pennsylvania, 2006)
Commonwealth v. Alexander
383 A.2d 887 (Supreme Court of Pennsylvania, 1978)
Commonwealth, Aplt. v. Molina, M.
104 A.3d 430 (Supreme Court of Pennsylvania, 2014)
Commonwealth v. Adams, S., Aplt.
104 A.3d 511 (Supreme Court of Pennsylvania, 2014)
Commonwealth v. Williams
176 A.3d 298 (Superior Court of Pennsylvania, 2017)
Commonwealth v. Pi Delta Psi, Inc.
211 A.3d 875 (Superior Court of Pennsylvania, 2019)
Commonwealth v. Nypaver
69 A.3d 708 (Superior Court of Pennsylvania, 2013)
Com. v. Leap, J.
2019 Pa. Super. 323 (Superior Court of Pennsylvania, 2019)
Com. v. Rosario, D.
2023 Pa. Super. 273 (Superior Court of Pennsylvania, 2023)

Cite This Page — Counsel Stack

Bluebook (online)
Com. v. Nole, Z., Counsel Stack Legal Research, https://law.counselstack.com/opinion/com-v-nole-z-pasuperct-2026.