Com. v. Gagliard, A.
Com. v. Gagliard, A. No. 2460 EDA 2016
| Pa. Super. Ct. | May 25, 2017Background
- On Jan. 11, 2016, defendant Anthony Gagliard entered Burlington Coat Factory, concealed a pair of women's shoes, picked up men’s pants, and attempted an exchange at the register.
- A loss prevention officer (LPO) observed via CCTV, permitted the exchange, then confronted and began escorting Gagliard to the loss-prevention office.
- Gagliard broke free, ran toward the exit, and was chased and apprehended in the street; the LPO sustained a bruise above his chest from a push.
- Back in the store a physical struggle occurred: Gagliard pushed another LPO down, punched and flailed his arms, and elbowed LPO Eckman in the mouth, causing a bloody lip.
- Gagliard was convicted after a bench trial of simple assault under 18 Pa.C.S. § 2701(a)(1); he appealed on sufficiency grounds arguing lack of intent and lack of bodily injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence proved the mens rea for simple assault (attempt/intentionally/knowingly/recklessly cause bodily injury) | Commonwealth: throwing punches, pushing, shoving, and flailing arms permit inference of intent or, at minimum, recklessness | Gagliard: swinging arms/elbows and incidental bloody lip do not establish intent to cause injury or "substantial pain" required for bodily injury | Held for Commonwealth: conduct supported inference of intent or recklessness; sufficiency met |
| Whether the victim suffered "bodily injury" (impairment of physical condition or substantial pain) | Commonwealth: bruise and bloody lip constitute bodily injury; pain may be inferred from force used | Gagliard: injuries were incidental/insufficient — temporary hurts not rising to statutory bodily injury | Held for Commonwealth: bruise and bloody lip are sufficient to find bodily injury |
Key Cases Cited
- Marti v. Commonwealth, 779 A.2d 1177 (Pa. Super. 2001) (discusses definition and examples of "bodily injury")
- Wertelet v. Commonwealth, 696 A.2d 206 (Pa. Super. 1997) (temporary aches/pains from struggle insufficient for bodily injury finding)
- Kirkwood v. Commonwealth, 520 A.2d 451 (Pa. Super. 1987) (violent dancing causing short-term pain insufficient for simple assault)
- In re M.H., 758 A.2d 1249 (Pa. Super. 2000) (bruising from aggressive grab/push supports simple assault conviction)
- Ogin v. Commonwealth, 540 A.2d 549 (Pa. Super. 1988) (substantial pain may be inferred from circumstances even without significant injury)
- Richardson v. Commonwealth, 636 A.2d 1195 (Pa. Super. 1994) (pain lasting days from a punch supports bodily injury finding)
- Adams v. Commonwealth, 482 A.2d 583 (Pa. Super. 1984) (blows sufficient to almost render victim unconscious sustain assault convictions)