Com. v. Bertrand, R.
Com. v. Bertrand, R. No. 504 EDA 2016
| Pa. Super. Ct. | May 23, 2017Background
- On April 13, 2014, Ronald Lee Bertrand walked onto Michael Link’s property carrying and swinging a shiny double-headed ax while asking about Link’s identity. Link recognized Bertrand and told him to leave.
- Bertrand approached Link to within about one foot while swinging the ax and repeatedly referenced a prior court incident, causing Link to retreat into his basement and lock the door; Link testified he feared for his life.
- Bertrand was tried by jury and convicted of terroristic threats, possessing an instrument of crime (PIC), recklessly endangering another person (REAP), simple assault (merged for sentencing), and defiant trespass; one retaliation count was dismissed by the jury.
- Sentenced December 8, 2014 to an aggregate 42–84 months’ imprisonment plus probation; post-sentence motions were filed pro se and appointment of counsel followed after a PCRA filing concerning appeal timing.
- On appeal Bertrand challenged only sufficiency of the evidence for REAP, arguing the ax was never raised to strike and thus did not place the victim in real danger. The Superior Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for REAP under 18 Pa.C.S. § 2705 | Commonwealth: victim’s testimony and circumstances (ax swung, proximity, verbal threats) proved defendant had actual present ability to inflict serious harm, satisfying REAP elements beyond a reasonable doubt | Bertrand: merely carrying/approaching with ax and not raising it to strike did not place victim in real danger of death or serious bodily injury | Court: Affirmed conviction — swinging a double-headed ax within ~1 foot and menacing conduct constituted actual present ability and placed victim in danger, so evidence was sufficient |
Key Cases Cited
- Commonwealth v. Vogelsong, 90 A.3d 717 (Pa. Super. 2014) (standard for reviewing sufficiency challenges)
- Commonwealth v. Hopkins, 747 A.2d 910 (Pa. Super. 2000) (REAP requires actual present ability to inflict harm; danger, not mere apprehension)
- Commonwealth v. Lawton, 414 A.2d 658 (Pa. Super. 1979) (placing others in danger supports REAP even if victims suffer only minor injuries)
- Commonwealth v. Cavanaugh, 420 A.2d 674 (Pa. Super. 1980) (use of an instrument to strike victim supported REAP)
- Commonwealth v. Parks, 421 A.2d 1135 (Pa. Super. 1980) (beating victim with cane upheld REAP conviction)