In Re BR

732 A.2d 633
CourtSuperior Court of Pennsylvania
DecidedMay 25, 1999
StatusPublished

This text of 732 A.2d 633 (In Re BR) 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
In Re BR, 732 A.2d 633 (Pa. Ct. App. 1999).

Opinion

732 A.2d 633 (1999)

In the Interest of B.R., a Minor.
Appeal of B.R., a Minor.

Superior Court of Pennsylvania.

Submitted February 1, 1999.
Filed May 25, 1999.

*635 Frank B. McWilson, Public Defender, Pittsburgh, for appellant.

Michael Streily, Deputy Dist. Atty., Pittsburgh, for Com., appellee.

Before EAKIN, J., ORIE MELVIN, J., and CERCONE, President Judge Emeritus.

*634 CERCONE, President Judge Emeritus:

¶ 1 This is an appeal by B.R.,[1] a minor, of his adjudication of delinquency for the commission of the offense of Terroristic Threats.[2] We affirm.

¶ 2 The Honorable Robert E. Colville of the Court of Common Pleas of Allegheny County has aptly summarized the events which gave rise to this proceeding as follows:

The evidence [,adduced at the delinquency hearing held June 2, 1998,] showed that [on April 27, 1998] the [Appellant], [B.R.], made threatening statements in the presence of and directed to Mr. Hudak, a teacher assigned to monitor the three boys in the school hallway for a short period as they awaited a meeting with the Principal. [N.T. Delinquency Hearing, 6/2/98, at 8-9.] Mr. Hudak testified that the boys were talking among themselves. After a time, [B.R.] looked up and stated that he would "bring a can of black spray at the end of the school year and spray the camera and then go into Mr. Wilson's office and destroy the main communications." [Id. at 9.] [B.R.] then talked about bringing a gun to school.[3] [Id. at 10] Mr. Hudak asked the boys to please not "go that route" and to stop discussing such a subject. A few minutes later, [S.S.], one of the other boys, said "yeah, I'm going to bring a gun to school; I'm going to shoot Mr. Wilson and line up all the other teachers and shoot them." [Id. at 11.] ... Mr. Hudak further testified that as one of the teachers in the school and in light of his physical presence with the boys when these statements were made, that the threatening statements appeared to be directed to him. [Id. at 25-26.] He testified that he was concerned by the statements.... [Id. at 10-12, 17, 19]

Trial Court Opinion, dated 7/22/98, at 1-2.

¶ 3 Mr. Hudak subsequently informed school officials, who contacted the local police department. After investigation the Appellant was arrested on April 29, 1998 and committed to Shuman Detention Center. He was afterward released to home detention on May 1, 1998.

¶ 4 B.R. was formally charged by Juvenile Petition filed 5/5/98 with the aforementioned offense of Terroristic Threats and an additional charge of Conspiracy.[4] After the hearing held before Judge Colville, B.R. was adjudicated delinquent of the offense of Terroristic Threats. The conspiracy charge was dismissed. As a result of the adjudication, B.R. was put on informal school probation and ordered to continue ongoing counseling. This timely appeal followed.

¶ 5 On appeal to our Court Appellant raises one issue for our consideration:

*636 I. Does the terroristic threats statute criminalize statements made by students who were "chit-chatting amongst themselves... laughing, joking and carrying on" and who had absolutely no intent to terrorize or to carry out any actions?

Appellant's Brief at 3. Appellant's issue is essentially a question of whether the evidence introduced at his hearing concerning the statements which he had made, was sufficient to sustain his conviction for Terroristic Threats.

¶ 6 We have said in prior cases:

In evaluating a challenge to the sufficiency of the evidence, we must determine whether, viewing the evidence in the light most favorable to the Commonwealth as verdict winner, together with all reasonable inferences therefrom, the trier of fact could have found that each and every element of the crimes charged was established beyond a reasonable doubt.

Commonwealth v. Montini, 712 A.2d 761, 767 (Pa.Super.1998); Commonwealth v. Swann, 431 Pa.Super. 125, 635 A.2d 1103, 1105 (1994), appeal denied 538 Pa. 669, 649 A.2d 671 (1994). In making this determination, we must evaluate the entire trial record and consider all the evidence actually received. Commonwealth v. Rodriquez, 449 Pa.Super. 319, 673 A.2d 962, 965 (1996). It is within the province of the fact finder to determine the weight to be accorded each witness's testimony and to believe all, part, or none of the evidence introduced at trial. Commonwealth v. Molinaro, 429 Pa.Super. 29, 631 A.2d 1040, 1042 (1993). The facts and circumstances established by the Commonwealth need not be absolutely incompatible with the defendant's innocence, but the question of any doubt is for the trier of fact unless the evidence is so weak and inconclusive that, as a matter of law, no probability of fact can be drawn from the combined circumstances. Commonwealth v. Seibert, 424 Pa.Super. 242, 622 A.2d 361, 363 (1993), appeal denied 537 Pa. 631, 642 A.2d 485 (1994) (citing Commonwealth v. Sullivan, 472 Pa. 129, 150, 371 A.2d 468, 478 (1977) and Commonwealth v. Libonati, 346 Pa. 504, 508, 31 A.2d 95, 97 (1943)).

¶ 7 A person is guilty of terroristic threats, a misdemeanor of the first degree, if he or she "threatens to commit any crime of violence with intent to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience." 18 Pa. C.S.A. § 2706. Accordingly, the Commonwealth must prove that 1) the defendant made a threat to commit a crime of violence, and 2) the threat was communicated with the intent to terrorize another or with reckless disregard for the risk of causing terror. Commonwealth v. Kelley, 444 Pa.Super. 377, 664 A.2d 123, 127-128 (1995), appeal denied, 544 Pa. 603, 674 A.2d 1068 (1996). Neither the ability to carry out the threat nor a belief by the persons threatened that it will be carried out is an essential element of the crime. Commonwealth v. Hudgens, 400 Pa.Super. 79, 582 A.2d 1352, 1358 (1990) (quoting Commonwealth v. Anneski, 362 Pa.Super. 580, 525 A.2d 373, 376 (1987), appeal denied, 516 Pa. 621, 532 A.2d 19 (1987)). Rather, the harm sought to be prevented by the statute is the psychological distress that follows from an invasion of another's sense of personal security. Id. at 1358.

¶ 8 As we have also stated in a prior case:

It has been observed that even a single verbal threat might be made in such terms or circumstances as to support the inference that the actor intended to terrorize or coerce.

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Related

Commonwealth v. Swann
635 A.2d 1103 (Superior Court of Pennsylvania, 1994)
Commonwealth v. Montini
712 A.2d 761 (Superior Court of Pennsylvania, 1998)
Commonwealth v. Campbell
625 A.2d 1215 (Superior Court of Pennsylvania, 1993)
Commonwealth v. Kelley
664 A.2d 123 (Superior Court of Pennsylvania, 1995)
Commonwealth v. Sullivan
409 A.2d 888 (Superior Court of Pennsylvania, 1979)
Commonwealth v. Seibert
622 A.2d 361 (Superior Court of Pennsylvania, 1993)
Commonwealth v. Rodriquez
673 A.2d 962 (Superior Court of Pennsylvania, 1996)
Commonwealth v. Anneski
525 A.2d 373 (Supreme Court of Pennsylvania, 1987)
Commonwealth v. Hudgens
582 A.2d 1352 (Supreme Court of Pennsylvania, 1990)
Commonwealth v. Molinaro
631 A.2d 1040 (Superior Court of Pennsylvania, 1993)
Commonwealth v. Sullivan
371 A.2d 468 (Supreme Court of Pennsylvania, 1977)
Commonwealth v. Libonati
31 A.2d 95 (Supreme Court of Pennsylvania, 1943)
Commonwealth v. Bailey
655 A.2d 566 (Superior Court of Pennsylvania, 1995)
In the Interest of B.R.
732 A.2d 633 (Superior Court of Pennsylvania, 1999)
In the Interest of F.B.
726 A.2d 361 (Supreme Court of Pennsylvania, 1999)

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Bluebook (online)
732 A.2d 633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-br-pasuperct-1999.