Commonwealth v. Jordan

65 A.3d 318, 619 Pa. 513, 2013 WL 1749826, 2013 Pa. LEXIS 790
CourtSupreme Court of Pennsylvania
DecidedApril 24, 2013
StatusPublished
Cited by85 cases

This text of 65 A.3d 318 (Commonwealth v. Jordan) 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. Jordan, 65 A.3d 318, 619 Pa. 513, 2013 WL 1749826, 2013 Pa. LEXIS 790 (Pa. 2013).

Opinions

OPINION

Justice McCAFFERY.

Lewis M. Jordan, a/k/a John Lewis (“Appellant”), pled guilty to murder generally in the shooting death of Philadelphia Police Officer Charles Cassidy. Following a trial by jury to determine degree of guilt, Appellant was convicted of first-degree murder and sentenced to death. In this direct appeal, Appellant raises four issues. Concluding that Appellant is entitled to no relief on any of these issues and that the evidence was sufficient to sustain Appellant’s conviction, we affirm the judgment of sentence.

The relevant facts of this case are as follows. During a period of approximately six weeks in the fall of 2007, Appellant committed six armed robberies of retail food shops in North Philadelphia. Specifically, on September 18, 2007; September 21, 2007; and October 13, 2007, respectively, Appellant robbed three different Dunkin’ Donuts shops at gunpoint. On October 20, 2007, and October 25, 2007, respectively, he robbed two pizza shops at gunpoint. Finally, at approximately 10:30 a.m. on October 31, 2007, Appellant returned to the Dunkin’ Donuts shop that was the site of his first robbery, and again demanded money from the employees at gunpoint. While this final robbery was in progress, Officer Charles Cassidy, who was dressed in his police uniform, parked his car in front of the shop and opened its front door. As the officer was about to enter the shop, Appellant turned toward the officer, took two steps in his direction, pointed a gun at him, and shot him in the forehead at close range. Appellant immediately fled from the scene, stopping to bend over to take the fallen officer’s service revolver. On November 3, 2007, Appellant traveled by bus to Miami, where he was arrested a few days later and then brought back to Philadelphia.

[322]*322Appellant’s trial began on November 9, 2009. After voir dire but before any testimony had been presented, Appellant pled guilty to the murder of Officer Cassidy, as well as to all six armed robberies. As the court explained to the jury, the trial’s scope had thus been narrowed, such that the only issue left to be determined was whether Appellant had committed first-degree or second-degree murder. See Notes of Testimony (“N.T.”) Trial, 11/12/09, at 12. At trial, the Commonwealth presented several eyewitnesses to each of the robberies, as well as a surveillance videotape of the robbery and murder., The final prosecution witness was Officer Cassidy’s widow. Trial counsel’s defense strategy was to argue that Appellant had fired his gun in a “panicky reaction” when Officer Cassidy interrupted the robbery in progress. See id. at 48, 53 (defense opening statement); id., 11/19/07, at 36 (defense closing argument). After the Commonwealth rested on November 18, 2009, the defense proffered no evidence and immediately also rested. The next day, following closing arguments and instructions from the court, the jury began its deliberations and within hours found Appellant guilty of first-degree murder.

A two-day penalty phase hearing began on November 20, 2009. Officer Cassidy’s adult children and his widow expressed, via letters written to the court, the effects of Officer Cassidy’s death on the family. Appellant presented the testimony of his mother, grandmother, and sister. The jury found three aggravating circumstances, to wit, killing of a peace officer in the performance of his duties, 42 Pa.C.S. § 9711(d)(1); killing committed during the perpetration of a felony, § 9711(d)(6); and significant history of violent felony convictions, § 9711(d)(9), and one mitigating circumstance, to wit, any other evidence of mitigation, the “catch-all” mitigator, § 9711(e)(8). The jury also found that the aggravating circumstances outweighed the mitigating circumstances, and accordingly determined that Appellant should be sentenced to death.

On direct appeal before this Court, Appellant raises four issues, three alleging trial court error and one alleging prosecu-torial misconduct.1

[323]*323Sufficiency of the Evidence

Before addressing the four issues raised by Appellant, we must review the legal sufficiency of the evidence to support his first-degree murder conviction, as we do in all cases in which a sentence of death has been imposed. See, e.g., Commonwealth v. Briggs, 608 Pa. 430, 12 A.3d 291, 306 (2011). In this sufficiency review, we determine whether the evidence presented at trial and all reasonable inferences derived therefrom, viewed in the light most favorable to the Commonwealth as verdict-winner, are sufficient to establish all the elements of first-degree murder beyond a reasonable doubt. Id.

There are three elements of first-degree murder: (i) a human being was unlawfully killed; (2) the defendant was responsible for the killing; and (3) the defendant acted with malice and a specific intent to kill. 18 Pa.C.S. § 2502(a); Commonwealth v. Houser, 610 Pa. 264, 18 A.3d 1128, 1133 (2011). As set forth in the third element, first-degree murder is an intentional killing, ie., a “willful, deliberate and premeditated killing.” 18 Pa.C.S. § 2502(a) and (d). “Premeditation and deliberation exist whenever the assailant possesses the conscious purpose to bring about death.” Commonwealth v. Drumheller, 570 Pa. 117, 808 A.2d 893, 910 (2002). The law does not require a lengthy period of premeditation; indeed, the design to kill can be formulated in a fraction of a second. Commonwealth v. Rivera, 603 Pa. 340, 983 A.2d 1211, 1220 (2009); Drumheller, supra; Commonwealth v. Earnest, 342 Pa. 544, 21 A.2d 38, 40 (1941) (“Whether the intention to kill and the killing, that is, the premeditation and the fatal act, were within a brief space of time or a long space of time is immaterial if the killing was in fact intentional, willful, deliberate and premeditated.”). Specific intent to kill as well as malice can be inferred from the use of a deadly weapon upon a vital part of the victim’s body. Houser, supra at 1133-34; Briggs, supra at 306-07; Commonwealth v. Wright, 599 Pa. 270, 961 A.2d 119, 130-31 (2008). Whether the accused had formed the specific intent to kill is a question of fact to be determined by the jury. Commonwealth v. Carroll, 412 Pa. 525, 194 A.2d 911, 916 (1963).

Based on our review of the certified record in the case before us, we conclude that the evidence was sufficient to support Appellant’s first-degree murder conviction. One of the medical examiners who participated in the autopsy of Officer Cassidy’s body testified that the officer had sustained a single gunshot wound to the head, with the bullet entering above his right eyebrow and lodging in the back of his brain. N.T. Trial, 11/18/09, at ISO-31. The medical examiner concluded that a deadly weapon had been used on a vital part of Officer Cassidy’s body, resulting in his death. Id. at 134-35.

The evidence that Appellant was responsible for the killing was overwhelming. Three eyewitnesses (two employees and one customer) identified Appellant as the assailant. Id., 11/16/09, at 66-67, 76-79, 121-23; Id., 11/17/09, at 4-5. The two employees recognized Appellant when he entered the Dunkin’ Donuts on October 31, 2007, as the man who had robbed them approximately six weeks before. Id., 11/16/09, at 77-78, 123-24, 129-30.

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Bluebook (online)
65 A.3d 318, 619 Pa. 513, 2013 WL 1749826, 2013 Pa. LEXIS 790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-jordan-pa-2013.