Commonwealth v. Sampson

28 Pa. D. & C.5th 129
CourtPennsylvania Court of Common Pleas, Lehigh County
DecidedJanuary 9, 2013
DocketNo. CR-1082-2011
StatusPublished

This text of 28 Pa. D. & C.5th 129 (Commonwealth v. Sampson) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lehigh County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Sampson, 28 Pa. D. & C.5th 129 (Pa. Super. Ct. 2013).

Opinion

STEINBERG, J.,

On November 21, 2011, the appellant, Isaah Sampson, was found guilty after a jury trial of Robbery1 (three counts), Attempted Criminal Homicide,2 Aggravated Assault3 (two counts), and Criminal Conspiracy to Commit Robbery.4 The appellant and two confederates, Hishamu Curry and Edward Maye, robbed the KNBT Bank in Emmaus at gunpoint. During the robbery, Edward Maye assaulted the assistant manager of the bank with a firearm, and in their flight to avoid apprehension, the appellant, Isaah Sampson, fired his weapon multiple times at Officer [131]*131William Bryfogle of the Emmaus Police Department. Multiple bullets struck Officer Bryfogle’s cruiser, but he escaped uninjured.

A presentence report was ordered following the jury’s verdict. A full sentencing hearing was held on April 16, 2012, during which both the presentence report and the Sentencing Guidelines were considered prior to imposing sentence. At the conclusion of the sentencing hearing, the appellant received a total sentence of not less than thirty-three (33) years nor more than seventy (70) years in a state correctional institution.5

Trial counsel requested that counsel be appointed to represent the appellant for appeal purposes, and this court did so on May 8, 2012. Prior to doing so, the appellant filed a pro se “defendant’s notice of appeal” which this court treated as a request for post-sentence relief pursuant to Pa.R.Crim.P. 720.6 Following the [132]*132appointment of counsel, those motions remained undecided until the notes of testimony from the trial and related proceedings were transcribed, and new counsel considered filing a “supplemental post-sentence motion” pursuant to Pa.R.Crim.P. 720(B)(1)(b). On August 6, 2012, new counsel’s request for an extension pursuant to Pa.R.Crim.P. 720(B)(3)(b) was granted, and the post-sentence motion remained unresolved. Thereafter, the post-sentence motions were denied by “operation of law” pursuant to Pa.R.Crim.P. 720(B)(3)(b),(c). On October 4, 2012, a notice of appeal was filed by counsel.7 Pursuant to this court’s directive, counsel filed a Pa.R.Crim.P. 1925(b) statement. It is alleged that the evidence was insufficient to sustain the verdict, the verdict was against the weight of the evidence, and that it was error to permit the introduction into evidence of cell phone records and text messages secured from the cell phone found in the possession of Hishamu Curry, a co-conspirator.8

Background

On December 30, 2010, at approximately 9:15 a.m., three (3) masked men with guns entered the KNBT Bank in Emmaus and exclaimed, “this is a robbery”.9 Two (2) of the three (3) jumped on the counter, and the third robber grabbed Michelle Andrews, the Assistant Manager, and [133]*133forced her to the vault at gunpoint.10 When she reached the vault, he struck her in the head with his gun. Ms. Andrews fell to the floor, and then grabbed her sweater to stem the blood coming from her head.11 Ms. Andrews called-out for someone to open the vault, and Josephine Baba and Donna Grenauer, two (2) bank tellers, immediately responded. Both were unable to open the vault, and with that, one (1) or more of the robbers threatened: “Two more seconds and I’m going to start shooting if we don’t get the vault open.”12 Finally, Ms. Baba was able to open the vault, but by then the robbers had fled from the bank.13

Minutes earlier, Ms. Grenauer was confronted at her teller station by one (1) of the robbers who was wearing a ski mask and hooded sweatshirt, and was carrying a duffle bag. He demanded that she put money in the bag and when she did not do so as quickly as he wanted, “he jumped on the counter and helped himself into the drawer and took money out himself.”14 Various denominations were removed, including a “pack in straps.”15 This was described as a GPS device.16

Kathy Moyer, who was also atelier at the bank, observed the three (3) robbers enter the bank armed with guns, and wearing masks and gloves.17 She was confronted by one (1) of the robbers who placed a gun in her face and demanded money. This individual made it clear that he did not want [134]*134“strap money.”18 Ms. Moyer gave him the money from her teller drawer. She was then led to the vault at gunpoint, where she remained with her fellow employees.19

It was determined that eleven thousand five hundred and twenty-nine ($11,529) dollars was taken in the robbery.20 When the getaway car was later inventoried by the police, they discovered a black bag with money, as well as a GPS tracking device, which continued to ring in the 9-1-1 center until Detective Hoats deactivated it. The “strap money” had the initials “KM”, Kathy Moyer.21

Officer William Bryfogle of the Emmaus Police Department was approximately a mile and a half away from the bank when he received a call of suspicious activity at the bank. He activated his emergency lights and siren, which also activated his on-board video camera, and proceeded to the bank. While doing so, he received further notification “that a GPS unit had activated from the inside of the bank on a money pack.”22 Further information communicated to him indicated that the transponder was signaling it was moving out of the bank.23

He arrived at the bank approximately aminute or so later, and proceeded to the intersection of North 2nd Street and Green Street, which is an alley behind the bank. Initially, he did not observe any activity, but approximately ten (10) seconds later, he observed a vehicle enter the alley coming towards his patrol vehicle. The vehicle ignored the stop [135]*135sign at 2nd and Green Street and continued eastbound. Officer Bryfogle turned his patrol vehicle behind the fleeing vehicle, and again activated his emergency lights and siren. He identified the vehicle as a blue Mercury with three (3) occupants wearing dark clothing.24

The pursuit was continuing when Officer Bryfogle observed a “black handgun come out the back passenger window of the vehicle and point in [his] direction.”25 “Three shots [were] fired towards the front of [his] patrol vehicle approaching Main Street.”26 His vehicle was struck by these bullets, and a subsequent examination revealed bullet holes through the bumper, the lower plastic air vent, and the driver’s side front tire.27

Officer Bryfogle continued his pursuit, and after turning onto Main Street, the Mercury put on its brakes, almost coming to a complete stop. The passenger in the rear of the vehicle continued to fire his “black semi-automatic handgun”,28 and with that, Officer Bryfogle rammed the back of the Mercury. The Mercury began to slow, and Officer Bryfogle tried to create some distance between the two vehicles as a precautionary measure. When the Mercury reached 1st Street, the back passenger exited the vehicle, and a little further down the street, the front passenger departed.

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Cite This Page — Counsel Stack

Bluebook (online)
28 Pa. D. & C.5th 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-sampson-pactcompllehigh-2013.