Com. v. Hadi, L., Com. v. Hadi, L. No. 1402 EDA 2016

Victim Khalil Wimes, age six, was severely emaciated, scarred, and died on March 20, 2012; medical examiner attributed death to starvation and physical abuse including recent blunt head trauma.
Appellant Latiff Hadi and co-defendant Tina Cuffie were Khalil’s parents/caretakers; evidence showed repeated beatings, use of belts/cords, withholding food, locking his bedroom door, homeschooling to avoid scrutiny, and avoiding medical care.
Multiple family witnesses and social-workers described Khalil’s progressively deteriorating condition, visible scars, and punishments (e.g., forced running, food deprivation); some statements by defendants admitted awareness they could get in trouble if doctors saw Khalil.
Physical evidence included blood spatter in the apartment and marks consistent with looped weapons; autopsy showed healed and recent injuries plus extreme malnutrition.
Trial court convicted both defendants of third-degree murder, conspiracy to commit aggravated assault, and endangering the welfare of a child; sentencing was 20–40 years (murder) plus consecutive 10–20 years (conspiracy).
Appellant’s direct appeal was initially quashed as untimely; PCRA relief reinstated appeal rights nunc pro tunc, leading to this Superior Court decision affirming convictions.

Issue	Appellant's Argument	Appellee's Argument	Held
Sufficiency of evidence for third-degree murder	Hadi claims he was neglectful/inept, not malicious; lacked the hardness of heart/malice required	Commonwealth: evidence of prolonged starvation, repeated beatings (including head blows), withholding care/food shows malice/wanton indifference	Affirmed — evidence sufficient to prove malice for third-degree murder
Sufficiency of evidence for conspiracy to commit aggravated assault	Hadi contends conduct/agreement did not show required intent for conspiracy to commit aggravated assault	Commonwealth: concerted actions to hide abuse, deny food/medical care, and admissions show agreement and extreme indifference; conspirators liable for co-conspirator acts	Affirmed — evidence supported conspiracy conviction

Commonwealth v. Fisher, 80 A.3d 1186 (Pa. 2013) (malice for third-degree murder need not be specific intent to kill)
Commonwealth v. Geiger, 944 A.2d 85 (Pa. Super. 2008) (upholding conspiracy/child-abuse convictions where caretakers routinely beat and starved children)
Commonwealth v. Sanchez, 36 A.3d 24 (Pa. 2011) (standard of review for sufficiency of the evidence)
Commonwealth v. Spell, 28 A.3d 1274 (Pa. 2011) (circumstantial evidence may sustain conviction)
Commonwealth v. Devine, 26 A.3d 1139 (Pa. Super. 2011) (definition of malice includes cruelty, wantonness, hardness of heart)
Commonwealth v. Chambers, 157 A.3d 508 (Pa. Super. 2017) (Pennsylvania conspiracy law principles)