Commonwealth v. DeJesus

860 A.2d 102, 580 Pa. 303, 2004 Pa. LEXIS 2481
CourtSupreme Court of Pennsylvania
DecidedOctober 21, 2004
Docket286 CAP
StatusPublished
Cited by221 cases

This text of 860 A.2d 102 (Commonwealth v. DeJesus) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. DeJesus, 860 A.2d 102, 580 Pa. 303, 2004 Pa. LEXIS 2481 (Pa. 2004).

Opinions

OPINION

Justice CASTILLE.

This is a direct appeal from a sentence of death imposed by the Philadelphia County Court of Common Pleas. Following a capital jury trial, which commenced on September 10, 1999, appellant was convicted of first-degree murder,1 carrying firearms on a public street,2 and possession of an instrument of crime.3 At the penalty phase, the jury found two aggravating circumstances and two mitigating circumstances.4 The jury [308]*308found that the aggravating circumstances outweighed the mitigating circumstances, and accordingly, imposed a sentence of death for appellant’s first-degree murder conviction. On October 28, 1999, the trial court formally imposed the death sentence and, in addition, imposed two consecutive sentences of one to two years’ incarceration for appellant’s remaining convictions. Appellant did not file post-sentence motions. This appeal followed.5 For the reasons set forth below, we affirm appellant’s convictions, but reverse the sentence of death and remand the matter for a new penalty hearing.

We begin, as we do in all death penalty direct appeals, by independently reviewing the evidence to ensure that it is sufficient to support the first-degree murder conviction. Commonwealth v. Zettlemoyer, 500 Pa. 16, 454 A.2d 937, 942 n. 3 (1982), cert. denied, 461 U.S. 970, 103 S.Ct. 2444, 77 L.Ed.2d 1327 (1983). When reviewing the sufficiency of the evidence, this Court must determine whether the evidence at trial, and all reasonable inferences derived therefrom, when viewed in the light most favorable to the Commonwealth as verdict winner, are sufficient to establish all elements of the offense beyond a reasonable doubt. Commonwealth v. Bridges, 563 Pa. 1, 757 A.2d 859, 864 (2000). A person is guilty of 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 specific intent to kill. 18 Pa.C.S. § 2502(d); Commonwealth v. Spotz, 563 Pa. 269, 759 A.2d 1280, 1283 (2000). An intentional killing is a “[k]illing by means of poison, or by lying in wait, or any other kind of willful, deliberate and premeditated killing.” 18 Pa.C.S. § 2502(d). Specific intent to kill can be inferred from the use of a deadly weapon upon a vital part of the victim’s body. Commonwealth v. Fletcher, 561 Pa. 266, 750 A.2d 261, 267 (2000).

[309]*309The evidence adduced at trial established that, in the early morning hours of August 24,1997, appellant approached David Sims near the corner of Randolph Street and Allegheny Avenue in Philadelphia. As the two men walked together, appellant heatedly questioned Sims about a stolen gun. Sims replied, “I’m sorry, I’m sorry.” Appellant nevertheless proceeded to punch Sims several times. As Sims recoiled from the blows, appellant pulled a weapon, possibly a “TEC-9” handgun, from underneath his shirt and shouted, “I’ll show you what sorry is.” Sims pleaded, “no please, please don’t, just please don’t” as appellant aimed the weapon and pulled the trigger. But appellant’s first attempt to fire the weapon failed—perhaps because he had not deactivated the safety mechanism. On a second attempt, however, appellant fired several rounds at Sims as he attempted to flee, fatally wounding him. The medical examiner determined that the cause of death was multiple gunshot wounds; Sims had sustained eleven shots to the back, hip, thigh, and arms.

Three eyewitnesses testified at appellant’s trial that they saw appellant, or someone resembling appellant, commit the murder. Luis Castillo, who lived with his family on Randolph Street, testified that he saw the shooting from his second-floor bedroom window, but did not recognize the shooter, whom he described as a “Puerto Rican male.”6 N.T. 9/10/99, at 38-48. He recalled that the shooter fired what sounded like six or seven shots with a “small black machine gun.” Id. at 45.

The other eyewitnesses, Luis’ brother, Antonio, and Antonio’s then-girlfriend, Jennifer Zlatnik, were outside in front of the Castillo home at the time of the shooting. Antonio testified that he saw appellant, whom he recognized from the neighborhood, fire multiple shots at Sims after a brief argument and a physical altercation. Zlatnik likewise testified that she saw appellant shoot Sims multiple times with “some type of machine gun.” N.T. 9/10/99, at 67-83. She further testified that appellant looked at her “real hard” as he walked away from the scene of the shooting. Id. at 73. In a statement to police on the night of the murder, she described the shooter as [310]*310a nineteen- to twenty-year-old, light complexioned, Hispanic male, with a nose-ring, gold medallion, and a baseball cap. Several months later, police presented Antonio, and later, Zlatnik, with a photographic array which had been compiled based upon Zlatnik’s crime-scene description of the shooter. Both witnesses identified appellant’s photograph as that of the shooter.

This evidence, and all reasonable inferences derived therefrom, when viewed in the light most favorable to the Commonwealth as verdict winner, supports appellant’s first-degree murder conviction. Sims was unlawfully killed, as there is nothing on this record to support that the use of deadly force against him was legally justified. The eyewitness testimony identified appellant as the person who deliberately shot the victim. The evidence that appellant stated, “I’ll show you what sorry is,” as he drew his weapon, unsuccessfully attempted to fire it and then, after another attempt, shot Sims multiple times, establishes that the killing was deliberate. Finally, the fact that appellant shot the victim in vital body parts independently warranted the jury finding of a specific intent to kill.

Appellant claims, however, that the evidence was “insufficient” to support the convictions because the only evidence linking him to the murder is what he deems the “highly inconsistent” testimony of Antonio Castillo and Zlatnik. Appellant contends that the witnesses’ testimony is “tainted” by the fact that they failed to implicate appellant in the murder until months later after they themselves had been charged with serious crimes. Appellant further argues that numerous inconsistencies as to whether they witnessed the murder while in their car, on the steps, or in the house, rendered their testimony unreliable.

Appellant’s claim challenges the weight, not the sufficiency, of the evidence. The weight of the evidence is exclusively for the finder of fact, which is free to believe all, part, or none of the evidence, and to assess the credibility of the witnesses. Commonwealth v. Johnson, 542 Pa. 384, 668 [311]*311A.2d 97, 101 (1995). Questions concerning inconsistent testimony and improper motive go to the credibility of the witnesses. Commonwealth v. Boxley, 575 Pa. 611, 838 A.2d 608, 612 (2003). This Court cannot substitute its judgment for that of the jury on issues of credibility. Commonwealth v. Pronkoskie, 498 Pa. 245, 445 A.2d 1203, 1206 (1982).

Appellant cites this Court’s decision in Commonwealth v. Farquharson, 467 Pa. 50,

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Cite This Page — Counsel Stack

Bluebook (online)
860 A.2d 102, 580 Pa. 303, 2004 Pa. LEXIS 2481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-dejesus-pa-2004.