Com. v. Glenn, C.
Com. v. Glenn, C. No. 2078 EDA 2016
| Pa. Super. Ct. | Jul 25, 2017Background
- On Aug. 19, 2015, officers heard gunfire near 55th & Vine in Philadelphia, then within 10–15 seconds observed three men (Glenn and two co-defendants) running from the area toward a running, unattended white Oldsmobile.
- Officers stopped and handcuffed the three men as they attempted to enter the running vehicle; no other individuals were observed nearby.
- Police recovered three firearms and multiple 9mm fired cartridge casings (FCCs) along the defendants’ flight path, about 20 yards from where the men were detained; two recovered guns matched the FCCs, one gun was inoperable.
- At trial Glenn stipulated he was a person prohibited from possessing firearms and had no valid firearms license; possession was therefore the only contested element for the firearms and PIC charges.
- After a joint non-jury trial the court convicted Glenn of persons not to possess firearms (18 Pa.C.S. § 6105) and possession of an instrument of crime (18 Pa.C.S. § 907), and sentenced him to an aggregate 7–15 years’ imprisonment.
- Glenn appealed, challenging sufficiency and weight of the evidence; the Superior Court affirmed.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Glenn) | Held |
|---|---|---|---|
| Sufficiency: whether evidence proved Glenn constructively possessed a firearm | Circumstantial evidence (flight from shooting, recovery of three guns along their flight path, attempted entry into running getaway car seconds after shots) links Glenn to a recovered firearm | Only circumstantial links; no DNA/fingerprints on guns; many people had access to courtyard; Glenn was running because he feared he was shot at — insufficient to prove conscious dominion | Affirmed — totality of circumstances (rapid flight from shooting toward a running getaway car and guns found in the flight path) supports constructive possession beyond a reasonable doubt |
| Weight of the evidence: whether verdict shocks the conscience | Witness testimony and physical evidence were credible and consistent; trial court properly weighed circumstantial evidence | Verdict rests on speculation; lack of direct forensic link and no proof Glenn owned or arrived in the car renders conviction against weight | Affirmed — trial court did not abuse discretion; verdict does not shock the conscience |
Key Cases Cited
- Commonwealth v. Antidormi, 84 A.3d 736 (Pa. Super. 2014) (sufficiency standard and application to circumstantial evidence)
- Commonwealth v. Hopkins, 67 A.3d 817 (Pa. Super. 2013) (definition and proof of constructive possession via totality of circumstances)
- Commonwealth v. Carter, 450 A.2d 142 (Pa. Super. 1982) (constructive possession where firearm located in vehicle and defendant’s actions supported dominion)
- Commonwealth v. Monroe, 422 A.2d 193 (Pa. Super. 1980) (handgun qualifies as an instrument of crime)