Commonwealth v. Gakhal

48 Pa. D. & C.5th 425
CourtPennsylvania Court of Common Pleas, Delaware County
DecidedJune 30, 2015
DocketNos. CP-23CR-0003105-2014, 1070 EDA 2015
StatusPublished

This text of 48 Pa. D. & C.5th 425 (Commonwealth v. Gakhal) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Delaware County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Gakhal, 48 Pa. D. & C.5th 425 (Pa. Super. Ct. 2015).

Opinion

NILON, J.,

Gurpreet Gakhal, hereinafter “Appellant”, argues that he is entitled to relief from his conviction for “Retaliation Against a Witness, Victim”1 and his resulting sentence. Appellant’s contentions are meritless.

Factual History:

First Incident- 9/12/122

On September 12, 2012, at approximately 10:00 p.m., Upper Darby Township Police investigated an incident between Naeem Zarin, hereinafter referred to as “Victim” or “Zarin” and Gurpreet Gakhal, hereinafter referred to as “Appellant,” occurring in the 300 block of Richfield Road in Upper Darby Township, Delaware County, Pennsylvania. (N.T. 1/14/2015 p. 7). The Victim alleged that the Appellant was causing a commotion in the street right outside the Victim’s house. (N.T. 1/13/2015 pp. 121-23). While looking out of his window at the commotion, the Appellant saw the Victim and called him outside. (N.T. [428]*4281/13/2015 pp. 121-23). The Victim went outside and the Appellant asked the Victim if he knew the Appellant. (N.T. 1/13/2015 pp. 125-27). The Victim responded negatively and the Appellant told him he would teach him who he was. The Appellant then accused the Victim of staring at the Appellant’s sister through the window. The Appellant then pointed a gun at the Victim through the car window and told the Victim he was going to shoot him. (N.T. 1/13/2015 pp. 128-29). A gun matching the description the Victim gave the police was later found at the Appellant’s home. (N.T. 1/14/2015 p. 14).

Second Incident- 2/9/143

At approximately 8:48 p.m. on the evening of February 9, 2014, Upper Darby Township Police responded to a report of an incident that occurred at a Lukoil Gas Station, located at 6901 Marshall Road, in Upper Darby Township, Delaware County, Pennsylvania. (N.T. 1/14/2015 pp. 26-27). Upon arrival, Officer Steven Russo interviewed Zarin. (N.T. 1/14/2015 p. 27). The Victim told the Officer that about fifteen minutes after he arrived at the Lukoil Gas Station, the Appellant entered and threatened to kill him. The threat was in response to a similar incident in which Zarin, the Victim, called the police after the Appellant was pointing his gun at the Victim and threatening him. (N.T. 1/13/2015 p. 29).

The Victim recounted that on February 9, 2014, on his way home from work, he stopped at the Lukoil Gas Station. While the Victim was conversing with the shopkeeper in the gas station, the Appellant walked into the station. [429]*429(N.T. 1/13/2015 pp. 137-40). After shaking hands with the shopkeeper, the Appellant shook the Victim’s hand, squeezing the Victim’s hand very tightly, for a period of about ten seconds. (N.T. 1/13/2015 pp. 140-41). The Appellant then claimed he wanted to “clear” things up with the Victim regarding the prior incident between the two, which resulted in criminal charges being filed against the Appellant. (N.T. 1/13/2015 p. 141).

The Victim testified that the Appellant then stated: “... you’re the person I’ve been suffering from your sight, to put me behind the jail. You put behind me — I saw police station and cops for reason of you. So I came here.” (N.T. 1/13/2015 pp. 141-142). Appellant said, “I’m the person who knows very well know how to kill and how to die.” (N.T. 1/13/2015 p. 142). Appellant continued: “[bjecause he was keep saying to me, I’m — he had to clear with you. I’m here because I know I’m going to shoot you.” (N.T. 1/13/15 p. 145). Victim then attempted to leave the gas station, when the Appellant began walking behind him. (N.T. 1/13/2015 p. 146). The Appellant continued to threaten the Victim, he stated, “I have my buddies also. They’re waiting for you across the street. And we are watching you. I’m just -I’m waiting for my thing...” (N.T. 1/13/2015 p. 146). Appellant’s friend then got out of the car and came over to the Victim, the Appellant stated “I’m just waiting for the moment as soon as I’m clear from the department, I will teach you a good lesson you will remember forever.” (N.T. 1/13/15 p 148).

The Victim also testified “Because he was keep saying to me, I’m — he had to clear with you. I’m here because I know I’m going to shoot you.”(N.T. 1/13/15 p. 145). The Victim understood the warning as a legitimate threat upon his life, believing that when the Appellant got his confiscated gun [430]*430back from the police, from the original incident, Appellant would shoot the Victim with it. (N.T. 1/13/2015 pp. 147-149). The Victim went to his car, drove a block away, and contacted the authorities. (N.T. 1/13/2015 p. 152).

Procedural History:

The Appellant, Gupreet Gakhal, was arrested for the first offense on September 12, 2012 and charged with: Simple Assault4, Harassment5, Terroristic Threats6, and Possession of an Instrument of Crime7. On June 24,2013, the Appellant was placed on A.R.D. for these offenses. Appellant was then arrested for the second offense on February 9, 2014, by Upper Darby Township Police Department. The Appellant was charged with: Terroristic Threats8, Simple Assault9, Harassment10, and Retaliation Against a Witness or Victim11. On March 26, 2014, after the second set of charges was filed, the Appellant was removed from the A.R.D. program.

On June 18, 2014, Michael J. Malloy, Esquire, entered his appearance on behalf of the Appellant. On June 25, 2014, a preliminary hearing was conducted by Magisterial District Justice Karapalides in Upper Darby District Court. On January 13, 2015, a jury trial commenced. On January 16,2015, the jury found the Appellant not guilty of: Simple Assault, Terroristic Threats, and Possessing an Instrument of Crime under the first set of charges, transcript number 8326-2012. The jury also found the Appellant not guilty [431]*431of the charges of: Terroristic Threats and Simple Assault, but guilty of Retaliation against a Witness, Victim, or Party under the second set of charges, transcript number 3105-2014.

On April 13, 2015, Appellant was sentenced by the undersigned on the charge of Retaliation Against a Victim/Witness to: 111/2 months to 23 months imprisonment, to be followed by three years consecutive probation, plus fines and costs. On April 16, 2015, Michael J. Malloy, Esquire, on behalf of the Appellant, filed a timely “Notice of Appeal” to the Superior Court of Pennsylvania from the Judgment of Sentence entered in this matter.

Consequently, on April 20, 2015, the court directed Appellant to file a Concise Statement of Errors Complained of on Appeal pursuant to Pa.R.A.P. 1925(b). On May 6, 2015, Appellant filed a “Statement of Matters Complained of on Appeal,” raising the following issues for appellate review:

1) The Trial Court erred over Defendant’s objection in altering and amending the instruction to the jury as it relates to the charge of Retaliation of a Victim — Witness. Specifically, the trial court determined on its own that the full charge should be altered, therefore, chose to make a decision for the jury as to the facts of the case and the applicable law, rather than reading the jury the entire charge to the jury of intimidation/ retaliation of a witness.

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Bluebook (online)
48 Pa. D. & C.5th 425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-gakhal-pactcompldelawa-2015.