Commonwealth v. Simpson

754 A.2d 1264, 562 Pa. 255, 2000 Pa. LEXIS 1775
CourtSupreme Court of Pennsylvania
DecidedJuly 20, 2000
Docket208 Capital Appeal Docket
StatusPublished
Cited by89 cases

This text of 754 A.2d 1264 (Commonwealth v. Simpson) 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. Simpson, 754 A.2d 1264, 562 Pa. 255, 2000 Pa. LEXIS 1775 (Pa. 2000).

Opinions

OPINION

NEWMAN, Justice.

Rasheed Simpson (Appellant) has filed this direct appeal1 from the judgment of sentence of the Court of Common Pleas [260]*260of Philadelphia County (trial court) imposing a sentence of death following his conviction for first-degree murder.2 After a thorough review of the record in light of the claims raised by Appellant, we affirm.

I. FACTS AND PROCEDURAL HISTORY

On December 8, 1993, at about 9:00 p.m., Appellant, along with three co-conspirators, abducted Andrew Haynes (the victim) from somewhere in the vicinity of 18 th and Tioga Streets in North Philadelphia. The kidnappers threw the victim into a waiting van and took him to the apartment of Rasheema Washington (Washington), who was a close friend of Malik Bowers (Bowers), one of Appellant’s co-conspirators.

Washington, who expected nothing other than that Bowers would soon present himself at her apartment, was stunned at rthe group’s unannounced arrival. She watched the kidnappers throw the victim onto the floor of her apartment, beat him and demand money. In addition, she noticed that the group had tied the victim’s hands behind his back, bound his legs, gagged him and pulled a hat over his face to prevent him from seeing them or his surroundings. Washington further observed Appellant and another member of the group, Allistar Durrante (Durrante), enter her bedroom and use the telephone there. After about a half-hour, and at Washington’s insistence, the kidnappers left Washington’s residence, bringing with them the still bound and gagged victim.

Not long after the victim’s disappearance, Appellant placed a telephone call to the victim’s apartment, which the victim’s friend, Aloysius Hall (Hall), received. The caller identified [261]*261himself as the man who had robbed Hall several weeks prior to that evening. Additionally, the caller responded affirmatively when Hall asked him if he was “Rasheed.” The caller, whom Hall now recognized as Appellant, informed Hall that he and his co-conspirators had the victim and that they intended to kill him if they were not paid $20,000.00 within fifteen minutes.

Following this initial conversation, Hall telephoned the house of the victim’s mother and described the details of the ransom call to the victim’s brother, Selvan Haynes (Haynes). Alarmed, Haynes immediately went to his brother’s apartment. Subsequent to arriving at the victim’s apartment, Haynes received a second telephone call placed by the kidnappers about fifteen minutes after the initial call. Again, the group declared that they had the victim and that they intended to kill him if they did not receive $20,000.00 in ransom. Haynes attempted to reason with the caller, pleading that obtaining such a large sum of money in such a short time would be impossible for him. The caller responded by exclaiming that the group was not joking, after which he abruptly hung up the telephone.

Before returning to his mother’s house, Haynes arranged to have the incoming telephone calls to the victim’s apartment forwarded to his mother’s house. Shortly after that, Haynes received a forwarded call at his mother’s residence, the third placed by the group. The caller repeated the group’s demands. In response, Haynes offered the kidnappers $3,000.00 in cash and his two vehicles; the kidnappers rejected this offer. The kidnappers called again, and in this instance, they allowed Haynes to speak with the victim. The victim begged his brother to do something to save his life. The group called one final time and repeated their demands; and following that, neither Haynes nor Hall had any further contact with the group.

At about midnight this same evening, officers with the Philadelphia Police Department responded to a report of a dead body found in a vacant lot at 18th and Somerset Streets, a location in close proximity to both Washington’s residence [262]*262and the site of the kidnapping. At that location, they discovered the victim’s dead body. His hands were tied behind his back and a hat partially covered his face. The victim had suffered four bullet wounds to the back of his head.

On December 16, 1993, a week after police discovered the victim, Appellant, Bowers and Washington, along with two others, traveled to a Montgomery County movie theater. While the group was in the movie theater, a police officer patrolling the parking lot noticed that the vehicle in which the group had been riding did not have a license plate. In searching the car’s dashboard for a vehicle identification number, the officer noticed a gun jutting out from under the front seat of the car. The officer called for backup and three additional officers joined him in his surveillance of the vehicle. When Appellant, Bowers, Washington and the others returned and entered the automobile, the officers ordered the group from the car. Ultimately, the Montgomery County authorities arrested Bowers and seized the gun.3 Appellant and the others were permitted to leave.

In an interview with Philadelphia police in June of 1996, Washington divulged the details surrounding the kidnapper’s arrival at her apartment and the group’s actions during this time period. Based in large part on Washington’s interview, coupled with the earlier statements given to police by Haynes and Hall after the discovery of the victim’s body, the police arrested Appellant in July of 1996 for his participation in the crime. The authorities charged Appellant with, inter alia, [263]*263murder of the first degree, kidnapping,4 robbery,5 conspiracy6 and possessing an instrument of crime.7

On December 17, 1997, a jury found Appellant guilty of first-degree murder, robbery, kidnapping, conspiracy and possessing an instrument of crime. At the penalty stage proceedings on the first-degree murder charge, the Commonwealth presented evidence in support of three aggravating circumstances: (1) that Appellant was holding the victim for ransom or reward at the time of the murder;8 (2) that Appellant had a significant history of felony convictions involving the use or threat of violence to the person;9 and (3) that Appellant had been convicted of another murder committed either before or after the offense at issue.10 In defense, Appellant offered the mitigating factors of: (1) his age,11 (2) his character and (3) the circumstances of his offense.12 The jury found all three proffered aggravators and considered Appellant’s age as a mitigating factor. In the end, the jury concluded that the aggravators outweighed the mitigating factor and, on December 22,1997, sentenced Appellant to death. This direct appeal followed.13

[264]*264On appeal to this Court, Appellant raises six issues for our review. First, Appellant argues that the trial court erred by failing to grant a mistrial after the prosecutor elicited a witness’ subjective feelings concerning her belief that Appellant was a violent person. Second, Appellant contends that the trial court erred in its jury instruction regarding the need for an accomplice or co-conspirator to have the individual specific intent to kill to support a conviction of first-degree murder.

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Cite This Page — Counsel Stack

Bluebook (online)
754 A.2d 1264, 562 Pa. 255, 2000 Pa. LEXIS 1775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-simpson-pa-2000.