In Re Private Criminal Complaint of Wilson

879 A.2d 199, 2005 Pa. Super. 211, 2005 Pa. Super. LEXIS 1464
CourtSuperior Court of Pennsylvania
DecidedJune 6, 2005
StatusPublished
Cited by153 cases

This text of 879 A.2d 199 (In Re Private Criminal Complaint of Wilson) 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 Private Criminal Complaint of Wilson, 879 A.2d 199, 2005 Pa. Super. 211, 2005 Pa. Super. LEXIS 1464 (Pa. Ct. App. 2005).

Opinions

GANTMAN, J.:

¶ 1 This Court granted en banc review of the order entered in the Erie County Court of Common Pleas, which denied Appellant, John D. Wilson II’s petition for approval of his private criminal complaint. Appellant asks whether the trial court erred when it deferred to the decision of the District Attorney’s office to disapprove the complaint, although Appellant had presented evidence of a prima facie case. Appellant also asks whether the District Attorney’s office abused its discretion in disapproving his private criminal complaint for the policy reasons given. As prefatory matters, we must also determine whether Appellant has standing to appeal the trial court’s order and, if so, what is the applicable standard and scope of appellate review in this context. We hold Appellant has standing to appeal the trial court’s order sustaining the District Attorney’s disapproval of Appellant’s private criminal complaint. Applying the proper standard and scope of review as enunciated in this case, we affirm the trial court’s order, which [203]*203deferred to the District Attorney’s decision to disapprove Appellant’s private criminal complaint.

¶ 2 In its opinion, the trial court comprehensively summarized the relevant facts of this case as follows:

In the early morning hours of August 10, 2002, [Appellant] was a passenger in the front seat of a Dodge Dynasty traveling north on State Street in Erie, Pennsylvania. As the vehicle passed the Hallman Chevrolet Dealership, [Appellant] used a Super Soaker squirt gun to squirt an individual who was walking in front of the dealership. The gun in question measures roughly 30 inches by 12 inches, has multiple nozzle settings, holds approximately 86 ounces of water, and has a pumping mechanism with which to increase the pressure of the water stream. The stream of water struck the pedestrian in the eye causing him to temporarily lose vision in his left eye.
The pedestrian [Appellant] squirted was Charles Bowers, the Chief of the Erie Bureau Police, who was off duty at the time of the incident. Chief Bowers immediately got into his unmarked vehicle and followed the Dynasty north on State Street. Chief Bowers activated the lights on his vehicle, but did not activate the siren. After turning east on 14th Street, the driver of the vehicle pulled the car to the side of the road. Chief Bowers approached the passenger side of the vehicle. In addition to the driver and Petitioner, there were two other passengers in the backseat of the vehicle.
According to Chief Bowers, he observed [Appellant] turn toward the center of the vehicle. Fearing [Appellant] might be moving for some kind of weapon, Chief Bowers reached through the open passenger window and struck [Appellant] in the face. Chief Bowers told investigators that he merely cuffed1 [Appellant] in an effort to distract him until the Chief could ascertain whether [Appellant] had a weapon. Witnesses in the vehicle alleged that Chief Bowers punched [Appellant] in the nose with a closed fist. Thereafter, Chief Bowers began yelling obscenities and pulled [Appellant] from the vehicle.
Here, again, the evidence is conflicting. According to witnesses, Chief Bowers grabbed a chain around [Appellant’s] neck and [his] belt, lifted [Appellant] off the ground and either forced or slammed him against the roof of the vehicle. Chief Bowers claimed that he did force [Appellant] against the car, but he denied that [Appellant’s] feet ever left the ground or that he grabbed [Appellant’s] chain.
By this time, other City of Erie Police officers had arrived on the scene. [Appellant] was handcuffed, placed in a marked police vehicle, and driven to the police station for booking and arrest. The vehicle’s other occupants were transported to the police station as well. Pursuant to normal booking procedures, a booking sheet was created for [Appellant], On the booking sheet, there is a space for the arrestee to indicate if he is hurt. [Appellant’s] booking sheet indicates that no, he was not hurt. [Appellant] was charged with disorderly conduct in response to this incident and released at approximately 2:45 A.M.
Later that day, [Appellant] presented to a local hospital complaining that his face was sore, his nose was tender, and there was some blurriness in his left eye. [Appellant] was diagnosed with a questionable nasal fracture and superficial [204]*204abrasions of the neck and hips. X-rays confirmed there was a questionable linear hairline fracture at the base of the nasal bridge. [Appellant] was seen by a physician again on August 13, 2002. At that time he complained of nose bleeds and nasal congestion since the date of the incident. The physician diagnosed [Appellant] with a nasal contusion, possibly a nondisplaced nasal fracture and nasal congestion. The physician’s notes indicate that a thin-section CT might be helpful in providing a more definitive diagnosis.
On or about September 26, 2002, [Appellant] filed a Private Criminal Complaint against Chief Charles Bowers accusing him of assault, recklessly endangering another person, and official oppression. District Justice Paul G. Urbaniak forwarded the private complaint to the District Attorney’s office for possible approval. Upon receipt of the private complaint, Detective Joseph Spusta was assigned to conduct an investigation into the matter. As part of his investigation, Detective Spusta interviewed Chief Bowers, the three other teenagers with [Appellant] that evening, and the other officers who responded to the scene. Additionally, the District Attorney’s office reviewed the following materials: any and all medical reports including Saint Vincent’s Health Center, private practioners’ reports and x-rays; written statement of the supervisor of the police communications center; booking records for [Appellant]; radio transmissions relevant to the incident; press release prepared by the Erie Bureau of Police; report of Detective Joseph Spusta; report prepared by Lt. D.J. Fuhrman; applicable law relating to criminal offenses of simple assault, official oppression, and recklessly endangering; the Super Soaker guns in question; and the supporting affidavit of [Appellant],

On October 17, 2002, District Attorney Bradley Foulk disapproved the private complaint for the following reasons:

Based upon an exhaustive review of the available evidence, the Commonwealth exercises its discretion and disapproves the filing of the attached Private Criminal Complaint for the following reasons:
a. Commonwealth is not inclined to commit the prosecution [sic] resources of this office inasmuch as the likelihood of a conviction is minimal, if nonexistent, and/or there is an extreme likelihood of acquittal if continued further;
b. The victim in this case, if so inclined, has a more than adequate civil remedy available to him for any personal injury or pecuniary loss incurred by him. It should be noted that the Commonwealth fails to see even a pri-ma facie showing of a nasal fracture in this case.
[Appellant] appealed the disapproval of his private complaint to the [C]ourt of [C]ommon [P]leas as provided by [Pa. R.Crim.P.] 506(b)(2).

(Trial Court Opinion, filed December 19, 2002, at 1-4).

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

Related

Com. v. Zieglar, D.
2024 Pa. Super. 188 (Superior Court of Pennsylvania, 2024)
Com. v. Harrison, S.
2023 Pa. Super. 244 (Superior Court of Pennsylvania, 2023)
Hutchinson, B. v. Verstraeten, T.
2023 Pa. Super. 230 (Superior Court of Pennsylvania, 2023)
Chavers, K. v. 1605 Valley Center Pky
2023 Pa. Super. 73 (Superior Court of Pennsylvania, 2023)
Adoption of: A.M.W., Appeal of: M.J.G.
2023 Pa. Super. 10 (Superior Court of Pennsylvania, 2023)
In Re: Private Comp. Filed by L. Ajaj Apl of Com.
Supreme Court of Pennsylvania, 2023
Peshek, A. v. Percec, I.
Superior Court of Pennsylvania, 2021
In Re: Adoption of S.Y., a Minor
Superior Court of Pennsylvania, 2021
Cruz, A. v. Dooley, S.
Superior Court of Pennsylvania, 2021
In Re: Rega, R. Appeal of: Rega, R.
Superior Court of Pennsylvania, 2021
In Re: Kissell, M. Appeal of: Kissell, M.
Superior Court of Pennsylvania, 2021
In Re: Private Complaint Filed by Luay Ajaj
2021 Pa. Super. 28 (Superior Court of Pennsylvania, 2021)
In Re: W.E., Appeal of: W.E.
Superior Court of Pennsylvania, 2020
Com. v. Saunders, A.
Superior Court of Pennsylvania, 2020
C.L. v. M.P.
2020 Pa. Super. 159 (Superior Court of Pennsylvania, 2020)
Crider, C. and D. v. Bland, T. and Kipe, J.
Superior Court of Pennsylvania, 2020
In Re: Private Criminal Complaint Ivy, G.
Superior Court of Pennsylvania, 2020
F.G. Landmesser v. Office of Luzerne County D.A.
Commonwealth Court of Pennsylvania, 2019
In Re: David Nowakowski
Superior Court of Pennsylvania, 2019
Com. v. Sennett, T., Appeal of: Aliota, L.
Superior Court of Pennsylvania, 2019

Cite This Page — Counsel Stack

Bluebook (online)
879 A.2d 199, 2005 Pa. Super. 211, 2005 Pa. Super. LEXIS 1464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-private-criminal-complaint-of-wilson-pasuperct-2005.