Commonwealth v. Witherspoon

730 A.2d 496, 1999 Pa. Super. 80, 1999 Pa. Super. LEXIS 360
CourtSuperior Court of Pennsylvania
DecidedApril 13, 1999
StatusPublished
Cited by12 cases

This text of 730 A.2d 496 (Commonwealth v. Witherspoon) is published on Counsel Stack Legal Research, covering Superior 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. Witherspoon, 730 A.2d 496, 1999 Pa. Super. 80, 1999 Pa. Super. LEXIS 360 (Pa. Ct. App. 1999).

Opinion

OLSZEWSKI, J.:

¶ 1 Appellant, Steven Witherspoon, was convicted at bench trial of simple assault. We reverse.

¶ 2 Witherspoon ran an amateur boxing camp for disadvantaged youth and made extensive use of volunteer trainers and assistants. Shortly after he enrolled his two sons in the program, Mark Saldivar, Sr. asked to volunteer and Witherspoon placed him in charge of supervising youths that were practicing their sparring skills. Soon after assuming his duties, however, Saldivar ridiculed a child for not following his instructions and Witherspoon pulled him from the task, suggesting that he did not possess the right temperament for dealing with troubled youth. Thus began the series of events that led to appellant’s conviction for simple assault.

¶ 3 The record of testimony, accepted as credible by the trial court, shows that Sal-divar left after arguing over whether With-erspoon believed the word of a child over that of an adult. The evening of the following day, Saldivar appeared at Wither-spoon’s home, banging on the door and cursing loudly to get Mrs. Witherspoon’s attention. Mrs. Witherspoon asked Saldi-var inside, but he demanded that Wither-spoon step outside and settle their differences in a fight. Saldivar then leaped off the front porch and fled once Witherspoon came outside.

¶ 4 The following day at boxing camp, Witherspoon gathered the kids around and offered a public apology to Saldivar for creating an issue out of his treatment of the child a few days earlier, and promised to let Saldivar again volunteer as an aide. Hands were shaken and all the problems seemed to be resolved. But the issue arose again the next day. Saldivar arrived at the camp and asked, “what’s my new job?” Witherspoon gave him the job of timing the sparring events with a stop[497]*497watch, which Saldivar began doing. After about half an hour, however, Saldivar chaffed at doing such a menial task, and retired to the bleachers. While self-exiled to the bleachers, Saldivar chaffed himself some more and within another half-hour returned to the floor and started castigating Witherspoon for “[taking] the kid’s word.”

¶ 5 At this point, Witherspoon asked Saldivar to leave. Saldivar refused to leave, and continued arguing loudly with Witherspoon. Witherspoon then asked one of his trainers, Mitch, to escort Saldi-var from the building. Mitch grasped Sal-divar by the shoulders but Saldivar spun free from Mitch’s grasp and lunged at Witherspoon. Witherspoon slapped Saldi-var with his open left hand along the right cheek, and Saldivar went down for the count. Saldivar was taken by ambulance to Williamsport Hospital, where he created a disturbance because he was unsatisfied with the priority his treatment was being given by hospital personnel. He was then sent to Geisinger Hospital where he was diagnosed with a broken jaw and was treated. Witherspoon was charged with Simple Assault and Harassment.

¶ 6 On appeal, Witherspoon asserts that the trial court erred in finding that the Commonwealth adequately disproved his self-defense theory. We agree.

¶7 In its case-in-chief, the prosecution presented the testimony of three witnesses: Saldivar and his two sons Mark Jr. and Sam. In essence, Saldivar alleged that Witherspoon punched him with a closed fist from behind as he was walking away from a confrontation. The two sons corroborated this testimony. The trial judge, however, specifically stated on the record that she did not find the Commonwealth’s witnesses credible. She noted that the injury was consistent with an open-handed slap. N.T. 12/29/97, at 85. She also expressed her belief that Saldivar had talked to his sons about his version of the events and influenced their testimony. N.T. 12/29/97, at 88-84. In summation, the court found that “I don’t believe [Saldi-var’s] back was toward [the defendant]. I don’t believe that factual scenario at all.” N.T. 12/29/97, at 85.

¶ 8 In contrast, the trial court gave credence to appellant’s witnesses. These witnesses included the investigating police officer, Witherspoon’s wife, and Witherspoon himself. In finding Witherspoon guilty of simple assault, the trial judge relied on Witherspoon’s own testimony that he struck Saldivar. The judge, however, also ruled that Witherspoon was not justified in his belief that he was in immediate danger:

Instantly, the Court found that the Defendant intentionally caused bodily injury to Mr. Saldivar. The Defendant admitted that he raised his open hand and smacked the victim on the right side of his jaw. Although the defendant argued that he only raised his hand in self-defense, the Court finds that the Commonwealth proved beyond a reasonable doubt that the defendant did not reasonably believe he was in danger of death or serious bodily injury.... The Defendant testified that Mr. Saldivar turned toward him with his hands raised in a fighting position, yet Mr. Saldivar hadn’t tried to swing at or strike the Defendant. Additionally, the Defendant testified that he had been confronted by Mr. Saldivar the night before when he had come to the Defendant’s house and asked to fight. When actually put in a direct confrontational situation, however, the Defendant testified that Mr. Saldi-var jumped off the porch and had backed away.

Furthermore, the defendant was surrounded by his friends who were alerted and ready to intervene should a confrontation arise. One of the men was, in fact, escorting Mr. Saldivar to the door when the assault occurred. After a review of the circumstances surrounding the assault, the Court could not conclude that the Defendant had acted in self-defense.

[498]*498Trial Court opinion, 6/19/98, at 3-4 (citation omitted). The trial court’s verdict is more revealing of its reasoning:

I listened really carefully about the philosophy that he apologized to the whole group and because of the kids and to show them that’s not the way to handle a problem by hitting somebody. So I guess the question for me is, factoring all the evidence that you presented about the defendant, the victim’s visit to the house a couple nights beforehand, the arguments, what happened that day prior to this incident occurring, I listened to all the testimony with regard to the history of the argument.
Even Mrs. Witherspoon testified her husband apologized. I don’t know if she was there. She testified to that. One of the things she said when she testified is she remembered the victim standing there pointing with one hand and the hand in the pocket with the other. I don’t recall her testifying as being afraid. My impression was this guy was really wired, he calls him out and then he’s running away and jumping off the porch instead of to confront him and he’s backing off. In fact, he jumps in the truck and drived [sic] away so the impression that I had, quite frankly, from the victim testifying as well as this description of what happened that night at the house is this guy is, you know, got big muscles when it comes to talking but if you actually said, okay, let’s do it, he backs off. That’s the impression I got from the victim....
Justification, what I have to determine in deciding whether or not the Commonwealth has failed to disprove the defense of justification, is what were the circumstances that existed before known to this Defendant at the time when this incident occurred. Yes, I heard him testify about the fact that he was shot in the chest and left for bleeding but we don’t have a situation here where he’s ever been threatened with a gun.

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Bluebook (online)
730 A.2d 496, 1999 Pa. Super. 80, 1999 Pa. Super. LEXIS 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-witherspoon-pasuperct-1999.