Com. v. Connelly, C., Jr.
Com. v. Connelly, C., Jr. No. 883 MDA 2016
| Pa. Super. Ct. | Mar 1, 2017Background
- Neighbors: Appellant Chester S. Connelly, Jr. and victim Brad Foltz lived across the street in Cleona, PA; Foltz and family had moved to New Jersey by trial.
- August 18, 2014: Foltz asked a noisy group at Connelly’s house to stop using obscenities around his children; Connelly later told Foltz to take complaints to him.
- August 19, 2014 (early morning): Connelly walked toward Foltz’s parked car, loudly yelled obscenities and threatened to "bring World War 3" and "bring fucking gangs to Cleona," prompting Foltz to contact police.
- Trial: Jury trial held December 11, 2015; Foltz was the sole witness. Defense argued Connelly’s statements were directed at an unidentified young white male, not Foltz.
- Convictions and sentence: Jury convicted Connelly of third-degree misdemeanor harassment and the court convicted him of related summary offenses; sentenced to one year probation with 60 days house arrest. Post-sentence motion and timely weight challenge denied; appeal followed.
Issues
| Issue | Plaintiff's Argument (Commonwealth/Foltz) | Defendant's Argument (Connelly) | Held |
|---|---|---|---|
| Sufficiency of evidence for harassment under 18 Pa.C.S. §2709(a)(4) | Connelly’s words were threatening and were communicated to Foltz with intent to harass, annoy, or alarm | Statements were not directed at Foltz but at another unidentified male; lacked intent to harass Foltz | Conviction affirmed; evidence sufficient to prove harassment beyond a reasonable doubt |
| Weight of the evidence (motion for new trial) | Foltz’s testimony was credible; jury entitled to resolve credibility and credit his account | Foltz’s testimony was inconsistent about timing and presence of the other male; verdict against weight of evidence | Trial court did not abuse discretion; weight claim denied and verdict upheld |
Key Cases Cited
- Commonwealth v. Giordano, 121 A.3d 998 (Pa. Super. 2015) (standard for sufficiency review)
- Commonwealth v. Cox, 72 A.3d 719 (Pa. Super. 2013) (intent to harass may be inferred from totality of circumstances)
- Commonwealth v. Thompson, 39 A.3d 335 (Pa. Super. 2012) (appellate review may reach merits when Rule 1925(b) untimely but trial court addressed issues)
- Commonwealth v. Burton, 973 A.2d 428 (Pa. Super. 2009) (same principle regarding Rule 1925(b) compliance)
- Commonwealth v. Boyd, 73 A.3d 1269 (Pa. Super. 2013) (en banc) (standard for appellate review of weight claims and deference to trial court)
- Commonwealth v. Weathers, 95 A.3d 908 (Pa. Super. 2014) (trial court denial of weight claim is highly deferential)