Commonwealth v. Monserrat

25 Pa. D. & C.4th 295
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedAugust 28, 1995
Docketnos. 4162 and 4164
StatusPublished

This text of 25 Pa. D. & C.4th 295 (Commonwealth v. Monserrat) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Monserrat, 25 Pa. D. & C.4th 295 (Pa. Super. Ct. 1995).

Opinion

LATRONE, J.,

Damian Monserrat, this defendant, was tried at a bench trial before this court, and at the conclusion of that trial, he was found guilty of murder of the third degree and aggravated assault. These convictions were rooted in a criminal episode in which this defendant fatally battered Rosaline Roman, a three-month-old baby, while in the process of simultaneously assaulting Damarys Torres, his girlfriend. These crimes upon both victims occurred on the street outside of the defendant’s residence at 2924 North Eighth Street here in Philadelphia on August 23, 1991, at approximately 8:30 p.m.

For his conviction of murder of the third degree, this defendant was sentenced to a term of imprisonment of not less than five years nor more than 10 years. In addition, a prison sentence of not less than two years nor more than four years was imposed for his conviction of the charge of aggravated assault. Both of these sentences were directed as concurrent sentences. Under the requirements of Pa.R.A.P. 906(a)(2), this court hereby acknowledges its receipt of a copy of a notice of appeal from these judgments of sentence.

Pursuant to Pa.R.Crim.P. 1123(a), Jack M. Myers, Esquire, trial counsel for this defendant, filed original and supplemental post-verdict motions. A perusal of the record discloses two assignments of error. These claims can be stated as follows: (1) there was insufficient [297]*297evidence to convict the defendant of murder of the third degree and aggravated assault; (2) the verdicts of murder of the third degree and aggravated assault were against the weight of the evidence.

In sum, a perusal of the post-verdict motions filed in this case discloses that the only advanced claims constituted a two-pronged challenge to both the sufficiency and weight of the record evidence to support this defendant’s convictions. Hereinafter, all of these claims will be discussed and analyzed. Following these discussions and analyses, it will become quite obvious that this court correctly denied post-verdict motions and thereafter properly imposed the stated sentences in this case.

I. SUFFICIENCY OF THE EVIDENCE CLAIMS

This defendant here challenges the sufficiency of the evidence found in this record to support his convictions of murder of the third degree and aggravated assault. Subsequent to the review of the record evidence which follows, it will become readily apparent that these assignments of error are lacking in merit.

The well-established standard to gauge the sufficiency of the evidence to support a criminal conviction is whether viewing the evidence in the light most favorable to the Commonwealth, the trier of fact could have reasonably determined that all of the elements of a crime have been established beyond a reasonable doubt. Commonwealth v. Coccioletti, 493 Pa. 103, 425 A.2d 387 (1981); Commonwealth v. Keblitis, 500 Pa. 321, 456 A.2d 149 (1983). Furthermore, the trier of fact, while passing upon the credibility of the witnesses and the weight to be afforded the evidence produced, is free to believe all, part, or none of the evidence. Commonwealth v. Murray, 460 Pa. 605, 334 A.2d 255 (1975). [298]*298When viewed in the perspective of this evidentiary standard, this record discloses the following facts: Damian Monserrat, this defendant, and Damarys Torres began living together for four years in Springfield, Massachusetts before moving to Philadelphia sometime in July of 1991. (N.T. 8/3/93 at p. 42; N.T. 8/2/93 at p. 33.) Damarys Torres had begotten a child, Rosaline Roman, by another man, while living with the defendant. (N.T. 8/3/93 at pp. 43, 79.) Damarys Torres and the defendant moved to Philadelphia about one month before this defendant viciously assaulted her and Rosaline Roman on August 23, 1991. (N.T. 8/2/93 at pp. 33, 69; N.T. 8/3/93 atp. 34.) The defendant, Damarys Torres, and the deceased all slept together in one bedroom at 2924 North Eighth Street. They also shared the remainder of the house with the defendant’s family. This family included a stepmother, a father, a sister and a brother. (N.T. 8/2/93 at pp. 63, 69-70, 80.)

On August 23,1991, at approximately 7:45 to 8 p.m., the defendant returned from work and informed Damarys Torres that his car had broken down. (N.T. 8/2/93 at p. 34.) Damarys Torres told the defendant to get the car and park it in front of the house. (N.T. 8/2/93 at p. 34.) The defendant left to retrieve the car; when he returned, he called over to Damarys Torres, who was then in the house, to come and to help him fix his car. (N.T. 8/2/93 atp. 34.) Damarys Torres noticed that the defendant was getting angry because he was unsuccessful in his attempts at repairing the car, so she returned to the house and sat on the front steps. (N.T. 8/2/93 at p. 34.) After a short while, Damarys Torres crossed the street to ask the defendant for a quarter. In response to that request, the defendant told her to “Get out of his face,” and he raised his fist as if he was going to hit her. (N.T. 8/2/93 at pp. 35-36, [299]*29998.) Damarys Torres proceeded to return to her previous spot across the street on the front steps. At that time, Adelaida Irizarry, her neighbor, and Ricardo Morales, her husband, were standing closely nearby at the steps of the house next door. (N.T. 8/2/93 at pp. 36-37,98-99.) At this point, Rosaline Roman began to cry, so Damarys Torres went inside to warm up some milk for her. (N.T. 8/2/93 at p. 37.) After a few minutes, Damarys Torres picked up Rosaline Roman from her crib in the living room and returned to the outside front steps where she began to feed her a bottle of milk. (N.T. 8/2/93 at pp. 37-38.) Shortly thereafter, the defendant locked up his car and started to walk across the street towards the house. (N.T. 8/2/93 at p. 38.) Damarys Torres, fearing that the defendant would hit her, descended the front steps and moved aside in order to get out of his way so that he could enter the house. (N.T. 8/2/93 at pp. 39, 100.) Damarys Torres had good reason to believe that the defendant would hit her since he had beaten her on a fairly regular basis in the past during their frequent arguments. (N.T. 8/3/93 at pp. 48-49.)

Several minutes after he entered the house, the defendant called out for Damarys Torres to come into the house, and she replied, “No.” The defendant repeated these requests once or twice more, and each time, Damarys Torres refused to enter the house. (N.T. 8/2/93 at pp. 41-42, 70, 100-101, 106-107.) The defendant warned Damarys Torres that if she did not come into the house, he would hit her. (N.T. 8/2/93 at pp. 41-43, 101, 107.) Since he had apparently become angry at Damarys Torres’ refusals to comply with his demands to enter the house, the defendant quickly exited the house and raced down the front steps to heatedly pursue her. As this defendant first attempted to grab Damarys Torres, she ran into the middle of Eighth Street and [300]*300quickly headed towards Birch Street with Rosaline Roman held in her arms. (N.T. 8/2/93 at pp. 45, 71, 101.) In quick pursuit, the defendant jumped over a car and started to chase her down Eighth Street. (N.T. 8/2/93 at pp. 45, 72, 88, 101.) When this defendant caught up to Damarys Torres near the comer of Eighth and Birch Streets, he began punching her in her head, face, and chest. At this onslaught, she was still cradling Rosaline Roman in her arms. (N.T. 8/2/93 at pp.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Commonwealth v. Eberle
379 A.2d 90 (Supreme Court of Pennsylvania, 1977)
Commonwealth v. Dorazio
74 A.2d 125 (Supreme Court of Pennsylvania, 1950)
Commonwealth v. Barnhart
434 A.2d 191 (Superior Court of Pennsylvania, 1981)
Commonwealth v. Gooslin
189 A.2d 157 (Supreme Court of Pennsylvania, 1963)
Commonwealth v. Murray
597 A.2d 111 (Superior Court of Pennsylvania, 1991)
Commonwealth v. Joyner
414 A.2d 1003 (Supreme Court of Pennsylvania, 1980)
Commonwealth v. Carter
393 A.2d 13 (Supreme Court of Pennsylvania, 1978)
Commonwealth v. Fierst
620 A.2d 1196 (Superior Court of Pennsylvania, 1993)
Commonwealth v. Nellom
565 A.2d 770 (Supreme Court of Pennsylvania, 1989)
Commonwealth v. Bowden
276 A.2d 530 (Supreme Court of Pennsylvania, 1971)
Commonwealth v. Austin
575 A.2d 141 (Supreme Court of Pennsylvania, 1990)
Commonwealth v. Keblitis
456 A.2d 149 (Supreme Court of Pennsylvania, 1983)
Commonwealth v. Laing
456 A.2d 204 (Superior Court of Pennsylvania, 1983)
Commonwealth v. Jones
610 A.2d 931 (Supreme Court of Pennsylvania, 1992)
Commonwealth v. Meadows
369 A.2d 1266 (Supreme Court of Pennsylvania, 1977)
Commonwealth v. Nelson
523 A.2d 728 (Supreme Court of Pennsylvania, 1987)
Commonwealth v. Buzard
76 A.2d 394 (Supreme Court of Pennsylvania, 1950)
Commonwealth v. Elrod
572 A.2d 1229 (Supreme Court of Pennsylvania, 1990)
Commonwealth v. Fromal
572 A.2d 711 (Supreme Court of Pennsylvania, 1990)
Commonwealth v. Smith
416 A.2d 494 (Supreme Court of Pennsylvania, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
25 Pa. D. & C.4th 295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-monserrat-pactcomplphilad-1995.