Commonwealth v. May

887 A.2d 750, 584 Pa. 640, 2005 Pa. LEXIS 2553
CourtSupreme Court of Pennsylvania
DecidedNovember 23, 2005
Docket412 CAP
StatusPublished
Cited by157 cases

This text of 887 A.2d 750 (Commonwealth v. May) 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. May, 887 A.2d 750, 584 Pa. 640, 2005 Pa. LEXIS 2553 (Pa. 2005).

Opinions

OPINION

Justice CASTILLE.

This is a direct appeal from two sentences of death imposed by the Lancaster County Court of Common Pleas. On November 27, 2002, following a capital jury trial, appellant was convicted of two counts of first degree murder,1 two counts of burglary,2 two counts of conspiracy,3 and one count of involuntary deviate sexual intercourse.4 The convictions arose from the burglary of the residence of Lloyd and Beverly Good, and the subsequent murders of Terry and Lucy Smith.

At the penalty phase, with regard to the murder of Terry Smith, the jury found three aggravating circumstances: the killing was committed during the perpetration of a felony (burglary),5 appellant had been convicted of another murder at the time of the current offense (multiple murders),6 and the offense was committed by means of torture.7 The jury also found two mitigating circumstances: appellant had no significant history of prior criminal convictions,8 and “any other evidence of mitigation concerning the character and record of the defendant and the circumstances of the defendant’s offense” (the “catchall” mitigator).9 With regard to the murder of Lucy Smith, the jury found two aggravating circumstances: the killing was committed during the course of a felony (burglary and involuntary deviate sexual intercourse), and appellant was convicted of another murder at the time of the [646]*646current offense (multiple murders). The jury also found the same two mitigating circumstances it had found in relation to Terry Smith’s murder: i. e., no significant history of prior criminal convictions, and the catchall mitigator.

The jury determined that, for each of appellant’s murders, the aggravating circumstances outweighed the mitigating circumstances, and accordingly, it returned two sentences of death against appellant. On January 9, 2003, the trial court formally imposed the two death sentences as well as an aggregate term of 60 to 120 years of imprisonment on the related charges. No post-sentence motions were filed.

Appellant filed notice of direct appeal to this Court on January 15, 2003. Appellant filed a statement of matters complained of on appeal, pursuant to Pa.R.A.P. 1925(b), to which the Commonwealth responded. On July 17, 2003, pursuant to Pa.R.A.P. 1925(a), the trial court filed an opinion addressing the claims raised by appellant on appeal. For the reasons set forth below, we affirm the verdict and the sentences of death.

I. Sufficiency of the Evidence

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 convictions.10 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). We do so notwithstanding that appellant does not challenge the sufficiency of the evidence. Commonwealth v. Freeman, 573 Pa. 532, 827 A.2d 385, 402 (2003). 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 [647]*647A.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 Mil. 18 Pa.C.S. § 2502(d); Commonwealth v. Spotz, 563 Pa. 269, 759 A.2d 1280, 1283 (2000). An intentional Mlling is a “Milling by means of poison, or by lying in wait, or by any other Mnd of willful, deliberate and premeditated Mlling.” 18 Pa.C.S. § 2502(d). The Commonwealth may establish that a defendant intentionally Mlled another solely by circumstantial evidence, and the fact finder may infer that the defendant intended to Mil a victim based on the defendant’s use of a deadly weapon on a vital part of the victim’s body. Commonwealth v. Rivera, 565 Pa. 289, 773 A.2d 131, 135 (2001), cert. denied, 535 U.S. 955, 122 S.Ct. 1360, 152 L.Ed.2d 355 (2002).

The evidence adduced at trial established the following facts. On Saturday, September 1, 2001, appellant, along with Steven Estes, Raymond Navarro Perez, and Michael Bourgeois, drove to the home of Lloyd and Beverly Good in Lititz, Lancaster County, Pennsylvania, intending to commit a burglary while the Good family was absent on vacation. In furtherance of the agreement, the perpetrators gained entrance through a side garage door and ransacked the home. They stole a 1996 green Chevrolet Suburban and a 1996 silver Saturn sedan, both of which had been parked in the garage. They also stole a number of weapons: a .22 caliber revolver, a .32-20 caliber revolver, a Marlin 12 gauge bolt action shotgun, an Ithaca 12 gauge pump shotgun, a 30-06 Remington rifle, a Browning 300 Winchester Magnum rifle, two boxes of 300 shells, three boxes of 30-06 shells, two blocks of .22 shells, assorted hunting knives, a Jennings “Buckmaster” compound bow, a Jennings “Bear” bow, two 10-pump BB guns, and one one-pump BB gun. Cash and other assorted household and personal items were also stolen, including dishes and a taxidermist mounted fox.

The burglary was discovered by the Good family upon returning on Monday, September 3, 2001, at approximately 8:00 a.m. and was reported to police. That same day, the [648]*648Lancaster City Police recovered the Chevrolet Suburban, which was being driven by Estes. The next day, the Saturn was found abandoned on U.S. Route 222 in Manheim Township, Lancaster County. Also on that day, the Good residence was processed for latent fingerprints. Several prints were lifted, one of which matched fingerprints on file for Bourgeois. On September 5, 2001, police made unsuccessful efforts to locate Bourgeois at the residence of his mother, Lucy Smith, and her husband, Terry Smith, in Ephrata. That evening the Smiths went to 109 South 11th Street, Akron, which was leased to Drenea Rodriguez, to visit Bourgeois, who had moved out of the Smith home approximately two months earlier to live with Rodriguez, with whom he was romantically involved. During their visit, the Smiths informed Bourgeois that the State Police were seeking his whereabouts.

On September 6, 2001, at approximately 10:00 a.m., the Ephrata Borough Police Department received a telephone call from Diane Lamm, an employee of Terry Smith. Ms. Lamm advised the police that Terry Smith had not come to work during the morning hours that day, that she had not heard from him and that he usually reported to work in a reliable and consistent manner. Ms. Lamm reported that Lucy Smith was also not at work as an elementary school principal, which was unusual.

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Bluebook (online)
887 A.2d 750, 584 Pa. 640, 2005 Pa. LEXIS 2553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-may-pa-2005.