Commonwealth v. McCrae

832 A.2d 1026, 574 Pa. 594, 2003 Pa. LEXIS 1767
CourtSupreme Court of Pennsylvania
DecidedSeptember 29, 2003
Docket337 Capital Appeal Docket
StatusPublished
Cited by63 cases

This text of 832 A.2d 1026 (Commonwealth v. McCrae) 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. McCrae, 832 A.2d 1026, 574 Pa. 594, 2003 Pa. LEXIS 1767 (Pa. 2003).

Opinions

OPINION

JUSTICE CASTILLE.

On November 27, 2000, following a jury trial, appellant was convicted of two counts of first-degree murder,1 one count of possession of an instrument of crime (PIC),2 and one count of criminal conspiracy.3 At the penalty phase, the jury found [600]*600one aggravating circumstance and two mitigating circumstances.4 The jury found that the aggravating circumstance outweighed the mitigating circumstances, and accordingly, imposed a sentence of death for each of appellant’s first-degree murder convictions. The trial court formally imposed the death sentences and, in addition, imposed consecutive sentences of five to ten years’ incarceration for appellant’s PIC and criminal conspiracy convictions. Appellant filed a Motion in Arrest of Judgment and for a New Trial on December 7, 2000, which the trial court denied on March 30, 2001. This direct appeal followed. For the reasons set forth below, we affirm.

Although appellant does not specifically challenge the sufficiency of the evidence underlying his convictions for first-degree murder, 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. 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), reh. denied, 463 U.S. 1236, 104 S.Ct. 31, 77 L.Ed.2d 1452 (1983). When reviewing the sufficiency of the evidence, this Court must determine whether the evidence at trial, and all reasonable inferences deducible therefrom, 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 “Milling by means of poison, or by lying in wait, or any other kind of [601]*601willful, 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).

The evidence adduced at trial established that at approximately 10:30 p.m. on August 13, 1998, Kendrick Haskell and John Ford parked their car across the street from a group of people sitting on the steps of a Chinese food restaurant located at the corner of Germantown Avenue and Tioga Street in Philadelphia. The group of people included appellant and his co-defendant, Richard Mitchell, as well as Braheem (also known as Brahma) Jackson, Donta Dawson, Kattery Franklin, and a woman identified only as Michelle. After parking, Haskell exited the car and walked toward the restaurant while Ford remained in the car. As Haskell walked toward the restaurant, he bumped into appellant’s aunt, Kattery Franklin. Haskell then entered the restaurant and placed his order. After Haskell exited the restaurant, appellant’s group of friends exchanged words with Haskell. An argument ensued and, ultimately, a physical altercation broke out between Haskell and appellant. A few minutes into the altercation, Dawson stepped in and began fighting with Haskell as well. Then, while Dawson and Haskell fought, appellant stepped back and asked Mitchell for Mitchell’s gun, a .32 caliber revolver. Mitchell handed appellant his gun, whereupon appellant shot Haskell twice in the chest and once in the head. Appellant then turned around and shot Ford once in the head as he stood by the passenger side of the parked car. Both Haskell and Ford died as a result of their gunshot wounds.

Multiple witnesses testified at appellant’s trial that they saw appellant, or someone resembling appellant, commit the murders. Harold James, who recognized appellant from the neighborhood, positively identified appellant as the shooter of both men. N.T. 11/16/00, at 217-230; 11/17/00, at 10-67. Two other eyewitnesses, Father Angelo Hernandez and Celeste Cline, could not positively identify appellant as the shooter, but did state that they saw an African American male wearing [602]*602a white T-shirt, blue or black shorts, and a baseball cap,5 shoot one victim in front of the Chinese food restaurant and then turn and shoot a second victim as he stood next to a car. N.T. 11/16/00, at 141-189, 190-213. In addition, Veronica Jenkins, another witness who knew appellant from the neighborhood, testified that she heard gunshots and saw appellant soon thereafter as he walked down the street carrying a handgun and muttering to himself “fuck that shit, fuck that cat, he don’t know who the fuck he was fucking with.” N.T. 11/17/00, at 89-118. Jenkins also described appellant as wearing a white T-shirt, blue jean shorts, and a baseball cap. Id. at 100-101.

Appellant, for his part, admitted at trial that he shot Haskell, but denied killing Ford. N.T. 11/20/00, at 194-199. Appellant testified that he and Haskell “got into a fight” after Haskell insulted appellant and appellant’s aunt. Id. at 192. Appellant claimed that Braheem Jackson, not co-defendant Mitchell, passed a gun to him as they fought. Id. at 196. He further testified that the confrontation culminated less than a minute later when appellant fired three shots at Haskell. Id. at 197. Then, according to appellant, he passed the gun back to Jackson and walked away from the scene. Id. at 198-201.

This evidence, and all reasonable inferences deductible therefrom, when viewed in the light most favorable to the Commonwealth as verdict winner, overwhelmingly supports appellant’s first-degree murder convictions. The victims, Haskell and Ford, were unlawfully killed, as there is nothing on this record to support that the use of deadly force against them was legally justified. The eyewitness testimony, and appellant’s own partial admission, identified appellant as the shooter and supports the conclusion that appellant was the person who deliberately shot both men. The evidence that appellant, while in the midst of a fistfight with Haskell, asked Mitchell for his gun establishes that the killings were deliberate. Finally, the fact that appellant shot the victims in vital parts of their bodies warranted the jury finding of a specific [603]*603intent to kill. Having found that the evidence is sufficient to support appellant’s two first-degree murder convictions, we now proceed to address appellant’s specific allegations of error.

Appellant was tried jointly with co-defendant Richard Mitchell. Both of appellant’s claims of error relate to the trial court’s admission of the testimony of eyewitness Braheem Jackson at the preliminary hearing of co-defendant Mitchell. At Mitchell’s preliminary hearing on October 1, 1998, Jackson testified, among other things, that he saw Mitchell hand appellant the gun which appellant then used to shoot Haskell and Ford.

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Cite This Page — Counsel Stack

Bluebook (online)
832 A.2d 1026, 574 Pa. 594, 2003 Pa. LEXIS 1767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-mccrae-pa-2003.