Com. v. Fitzpatrick, S.
Com. v. Fitzpatrick, S. No. 1258 WDA 2016
| Pa. Super. Ct. | Feb 22, 2017Background
- Sean Fitzpatrick was charged with simple assault (18 Pa.C.S.A. §2701(a)(1)) and harassment (18 Pa.C.S.A. §2709(a)(1)) after injuries to his two-year-old daughter.
- Complaint filed July 4, 2015; Fitzpatrick pleaded not guilty and proceeded to a jury trial on July 5, 2016.
- Jury convicted Fitzpatrick of simple assault and harassment; sentencing on August 17, 2016 imposed 3–6 months’ imprisonment (for simple assault), fines, costs, and mandated anger-management counseling.
- Fitzpatrick filed a timely appeal challenging the legal and factual sufficiency of the evidence; he also referenced a weight-of-the-evidence claim that was not preserved below.
- Trial evidence, as summarized by the trial court, showed Fitzpatrick hit the child’s buttocks, producing bruising and lacerations; the child exhibited continued crying, whininess, sleep disruption, and behaviors the court characterized as reflecting extreme pain or mental distress.
- The trial court rejected Fitzpatrick’s justification that corporal punishment was permissible; the appellate court affirmed based on the trial court’s opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for simple assault and harassment | Commonwealth: evidence (injuries, child’s behavior, mother’s testimony) established elements beyond a reasonable doubt | Fitzpatrick: evidence legally and factually insufficient to prove he caused bodily injury or intended to harass; claimed corporal punishment justification | Affirmed: viewing evidence in Commonwealth’s favor, sufficient proof of bodily injury and intent to harass; justification rejected |
| Weight of evidence | Commonwealth: verdict supported by credible testimony and physical evidence | Fitzpatrick: verdict against weight (not preserved below) | Waived on appeal; not considered |
Key Cases Cited
- Commonwealth v. Hansley, 24 A.3d 410 (Pa. Super. 2011) (sets forth sufficiency review standard)
- Commonwealth v. Jones, 874 A.2d 108 (Pa. Super. 2005) (describes appellate sufficiency standard and fact-finder deference)
- Commonwealth v. Wall, 953 A.2d 581 (Pa. Super. 2008) (explains preservation requirement for weight-of-the-evidence claims)