Com. v. Farrow, E.
3946 EDA 2017
| Pa. Super. Ct. | Sep 17, 2018Background
- Appellant Eric Robert Farrow lured his ex-girlfriend to her home by sending a text (via her mother’s phone) falsely claiming the mother had a heart attack.
- Farrow hid in the victim’s bedroom; when she arrived he was on her bed and she fled to the kitchen.
- Farrow followed, accosted and strangled the victim in the kitchen until she collapsed; during the assault he told her either “You are going to die before the cops get here” or “I am going to kill you before the cops get here.”
- The victim believed she was going to die; the assault ended only when the victim’s mother intervened and police subsequently arrested Farrow.
- A jury convicted Farrow of aggravated assault under 18 Pa.C.S.A. § 2702(a)(1) (attempt to cause serious bodily injury); he appealed challenging sufficiency of the evidence as to intent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence was sufficient to prove Farrow had the specific intent to inflict serious bodily injury for aggravated assault (attempt) | Commonwealth: Circumstantial evidence (luring, lying in wait, strangulation, death threats, victim’s fear) supports finding intent | Farrow: Commonwealth failed to prove the requisite subjective intent to cause serious bodily injury | Affirmed. The totality of circumstances (ruse, ambush, sustained strangulation, threats) supports conviction beyond a reasonable doubt |
Key Cases Cited
- Commonwealth v. Doughty, 126 A.3d 951 (Pa. 2015) (standard for sufficiency review; circumstantial evidence may sustain conviction)
- Commonwealth v. Jacoby, 170 A.3d 1065 (Pa. 2017) (sufficiency review is a pure question of law; de novo review)
- Commonwealth v. Martuscelli, 54 A.3d 940 (Pa. Super. 2012) (attempt under § 2702(a)(1) requires intent to inflict serious bodily injury)
- Commonwealth v. Jackson, 955 A.2d 441 (Pa. Super. 2008) (intent to cause serious bodily injury may be proven by direct or circumstantial evidence)
- Commonwealth v. Matthew, 909 A.2d 1254 (Pa. 2006) (totality of circumstances governs intent inquiry for § 2702(a)(1) attempt)
- Commonwealth v. Alexander, 383 A.2d 887 (Pa. 1978) (consideration of statements made during attack when assessing intent)