Com. v. Brown, F.
Com. v. Brown, F. No. 3503 EDA 2015
| Pa. Super. Ct. | Jul 10, 2017Background
- Victim Carmen Cook, a former intimate partner of Frederick Brown, was struck in the head multiple times on June 1, 2013; she suffered deep lacerations requiring six sutures and four staples and reported to police immediately.
- At the scene Cook saw Brown take an object wrapped in brown paper from his pocket and charge at her, repeatedly striking her head; she later saw Brown in the emergency room and he called her several times.
- Brown admitted at arrest he went to the hospital and called the victim, but at trial denied the assault and asserted a theory that a male companion had robbed him and the injuries resulted from a tussle.
- Brown had a prior conviction (2009) for striking a former girlfriend in the head with a Master Lock; the Commonwealth sought to introduce that prior act under Rule 404(b).
- Brown was convicted in a bench (waiver) trial of aggravated assault (18 Pa.C.S. §2702(a)(4)), simple assault, and REAP, and was sentenced to 3½ to 10 years’ imprisonment plus 2 years reporting probation.
- Brown appealed, raising sufficiency of the evidence for aggravated assault (deadly-weapon element) and challenging admission of the 2009 Master Lock incident as improper propensity evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency: whether evidence proved a "deadly weapon" for aggravated assault | The Commonwealth: object wrapped in brown paper that was used to repeatedly strike the victim produced serious injury and thus was a deadly weapon | Brown: no evidence identifying the object or showing it was capable of producing death/serious injury; concealment precludes aggravated-assault elevation | Affirmed: jury (judge) could infer a sharp instrument wrapped in paper and, given the deep lacerations, that the instrument was capable or likely to produce serious bodily injury => guilty of second-degree aggravated assault |
| Admissibility of prior bad act (2009 Master Lock assault) under Pa.R.E. 404(b) | Commonwealth: prior act relevant to intent, common plan/scheme, and modus operandi because both incidents involved ex-partners, pulling an object from a pocket, and striking the head | Brown: prior act admitted only to show bad character/propensity, unfairly prejudicial | Affirmed: trial court did not abuse discretion; close factual nexus and probative value supported admission; bench trial presumption that judge discounted unfair prejudice |
Key Cases Cited
- Commonwealth v. Pappas, 845 A.2d 829 (Pa. Super. 2004) (standard for sufficiency review and circumstantial evidence).
- Commonwealth v. Chambers, 157 A.3d 508 (Pa. Super. 2017) (definition and treatment of "deadly weapon" under §2301).
- Commonwealth v. Scullin, 607 A.2d 750 (Pa. Super. 1992) (items not normally weapons can become deadly depending on use).
- Commonwealth v. McCullum, 602 A.2d 313 (Pa. 1992) (a deadly weapon need not be inherently lethal).