Com. v. Craft, J.
62 WDA 2017
| Pa. Super. Ct. | Dec 8, 2017Background
- On April 6, 2016, sheriff’s deputies and detectives went to Joel Craft’s basement apartment to serve an arrest warrant; officers knocked, loudly announced, and tried the door which opened.
- As deputies entered, Deputy Grossman (in uniform) and Detective Longo (wearing a marked raid vest) saw Craft point a loaded 9mm pistol; officers ordered him to drop the gun and get down.
- Craft placed the gun on a space heater and went to his knees; officers then pushed him to the ground, handcuffed him, and took him into custody.
- At a non-jury trial Craft was convicted of two counts of aggravated assault (against Grossman and Longo), two counts of recklessly endangering another person (REAP), and resisting arrest; the court sentenced him to five years’ probation on one count of aggravated assault and no further penalty on remaining counts.
- Craft appealed, arguing insufficiency of the evidence for the convictions and that the trial court abused its discretion by overly questioning a witness; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Craft) | Held |
|---|---|---|---|
| Sufficiency — aggravated assault under 18 Pa.C.S. § 2702(a)(6) | Evidence showed Craft pointed a loaded gun at uniformed officers who were performing duties, which may place them in fear of imminent serious bodily injury. | Craft believed intruders were at his door and lowered the gun when he realized they were police, lacking intent to place officers in fear of serious bodily injury. | Affirmed — evidence sufficient; pointing a gun at officers supports § 2702(a)(6) conviction. |
| Sufficiency — REAP (18 Pa.C.S. § 2705) | Pointing a loaded gun at officers recklessly placed them in danger of death or serious bodily injury. | Craft contends he acted in home defense and complied with commands, not recklessly disregarding risk. | Affirmed — same facts supporting aggravated assault also support REAP conviction. |
| Sufficiency — resisting arrest (18 Pa.C.S. § 5104) | Craft’s conduct (pointing a gun and not immediately complying) created substantial risk of bodily injury, justifying resisting arrest conviction. | Craft contends he complied quickly (dropped gun on heater and went to knees) and did not require force to effect arrest. | Affirmed — trial court credibility findings supported resisting arrest conviction. |
| Trial-court questioning of witness / judicial bias | N/A (Commonwealth defends court did not err or objection waived) | Trial judge’s prolonged questioning and comments prejudiced Craft and denied due process. | Waived — no contemporaneous objection; appellate court declines to review on direct appeal and affirms sentence. |
Key Cases Cited
- Sheppard v. Commonwealth, 837 A.2d (Pa. Super.) (pointing a gun at a uniformed officer supports conviction under § 2702(a)(6))
- Reynolds v. Commonwealth, 835 A.2d (Pa. Super.) (pointing a loaded gun can support a REAP conviction)
- Lyons v. Commonwealth, 555 A.2d (Pa. Super.) (resisting arrest requires actions creating substantial risk of bodily injury)
- Miller v. Commonwealth, 475 A.2d (Pa. Super.) (statute targets forcible resistance creating substantial danger)
- Hammer v. Commonwealth, 494 A.2d (Pa.) (court previously excused waiver where objection would be futile)
- Grant v. Commonwealth, 813 A.2d (Pa.) (overruled Hammer; failure to object generally waives claim on appeal)
- Colon v. Commonwealth, 31 A.3d (Pa. Super.) (discusses waiver and limitations after Grant)