Com. v. Beal, T., Com. v. Beal, T. No. 899 WDA 2016

On Nov. 3, 2015, bakery employees at Pechin Superfoods discovered a rope ladder hanging through the roof/AC unit; a witness saw a person’s legs and boots descend then retreat.
Store security and employees called the owner and police; troopers searched the common roof shared by multiple businesses.
Police found Thomas Beal under an AC unit at the far end of the building (100–150 yards from entry point); he was removed from the roof and photographed wearing jeans, brown boots, gloves, and a gray hoodie.
Beal was arrested and later convicted by a jury of burglary, criminal trespass, and criminal mischief; sentence was 46 to 240 months.
Post-sentence, Beal challenged (1) sufficiency of the evidence (identity), (2) weight of the evidence, and (3) admission of photographs taken while he was being removed from the roof.

Issue	Plaintiff's Argument (Commonwealth)	Defendant's Argument (Beal)	Held
Sufficiency of evidence for trespass/burglary	Circumstantial proof (clothing match, location on roof, proximity to ladder) supports identity and convictions	Only mere presence on a common roof; no tools, fingerprints, or direct observation of him committing the break-in	Affirmed: evidence sufficient — clothing description and circumstances allow reasonable inference of guilt
Weight of the evidence	Eyewitness testimony and trial record support verdict	Inconsistent eyewitness accounts (one saw only feet; another saw more), so verdict shocks justice and should be disturbed	Denied: trial court did not abuse discretion; credibility and conflicts are for the jury
Admission of photographs taken after arrest	Photos relevant to identification and non-inflammatory; one photo shows unrestrained arm	Photos prejudicially implied custody/restraints and suggested guilt	Affirmed: photos not inflammatory; do not clearly show restraints and probative value outweighed any minimal prejudice

Walls, 144 A.3d 926 (Pa. Super. 2016) (standard for de novo sufficiency review)
Doughty, 126 A.3d 951 (Pa. 2015) (Commonwealth may sustain burden with circumstantial evidence)
Jones, 444 A.2d 729 (Pa. Super. 1982) (flight/concealment near roof supported conviction)
Weaver, 455 A.2d 1199 (Pa. Super. 1982) (discharged convictions where proximity alone insufficient)
Funk, 29 A.3d 28 (Pa. Super. 2011) (two-part test for inflammatory photographs)
Serge, 896 A.2d 1170 (Pa. 2006) (balancing probative value against prejudicial effect)
Deck v. Missouri, 544 U.S. 622 (U.S. 2005) (principle disfavouring physical restraints at trial)