Com. v. Cottrell, W.
Com. v. Cottrell, W. No. 3210 EDA 2016
| Pa. Super. Ct. | Jul 31, 2017Background
- At ~2:00 a.m. on June 16, 2012, an individual wearing a dark hood, dark baseball cap, and bandana robbed Fox and Willie Mae McClure at gunpoint in their Bristol Township home, struck Mr. McClure, and forced Mrs. McClure to open a safe containing collectible coins.
- Victims saw the robber’s general physical characteristics (Black male, ~5'10"–6'2", thin/medium build) and reported his flight direction; Mrs. McClure saw a laser from the gun and contemporaneously reported the escape route to 911.
- Around 2:18–2:30 a.m., Officer Bertram and his K9 tracked near the turnpike/Beaver Dam Road area; the Hills (nearby neighbors) encountered a Black man in their backyard who offered money not to report him and later found a dark hooded sweatshirt and a navy Yankees cap under their pool deck.
- A bandana recovered inside the sweatshirt and the Yankees cap were DNA-tested; forensic analysis produced a full profile on the cap and a partial profile on the bandana, both matching Appellant’s DNA sample with extremely low random-match probabilities reported.
- Appellant (Cottrell) testified, denied the robbery, admitted he often wore Yankees caps, denied owning a bandana, and offered no alibi; he was convicted by a jury of burglary, aggravated assault, simple assault, and four counts of robbery and sentenced to an aggregate 7–20 years’ imprisonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to identify Appellant as the robber | Commonwealth: DNA on cap and bandana recovered near the robber’s flight path, victim descriptions, tracking evidence, and witness encounters sufficiently link Appellant to the crime | Cottrell: Witness descriptions varied; clothes bearing his DNA were found a half-mile away and descriptions differ — evidence insufficient to prove he was the robber beyond a reasonable doubt | Evidence sufficient: viewed in light most favorable to Commonwealth, combined circumstantial and forensic evidence permitted jury to find guilt beyond a reasonable doubt |
Key Cases Cited
- Commonwealth v. Hansley, 24 A.3d 410 (Pa. Super. Ct. 2011) (standard for reviewing sufficiency of the evidence and role of circumstantial evidence)
- Commonwealth v. Jones, 874 A.2d 108 (Pa. Super. Ct. 2005) (appellate review framework for credibility and weight-of-evidence challenges)
