Com. v. Harris, S.
2388 EDA 2015
| Pa. Super. Ct. | Nov 10, 2016Background
- On July 9, 2013, John Anderson was shot dead in the entryway to his apartment after a dispute involving a woman linked to Appellant Stephon Harris.
- Earlier that day Harris intercepted a phone call between Anderson and Harris’s girlfriend, argued with Anderson, and said Anderson “needed to go.”
- Harris, co-defendant Unique Kennedy, and others went to Anderson’s building that evening; Unique ultimately fired multiple shots that killed Anderson while Harris fled the scene with Unique.
- Witnesses (the apartmentmate Hines and building owner Khardani) identified Unique as the shooter and identified Harris as present and running from the scene.
- Harris was charged with first-degree murder and conspiracy to commit first-degree murder; a jury convicted him of both on February 20, 2015, and he was sentenced to life without parole.
- Harris appealed, arguing insufficiency of the evidence for conspiracy and for first‑degree murder (specific intent to kill); the Superior Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict of conspiracy to commit murder | Commonwealth: evidence showed Harris and Unique agreed to kill Anderson (statements, planning, travel to the scene, flight) | Harris: he went to peacefully resolve the dispute and lacked knowledge/intent to conspire to murder | Affirmed — jury could infer an agreement and shared criminal intent from conduct before, during, and after the killing |
| Sufficiency of evidence for first‑degree murder (specific intent to kill) | Commonwealth: multiple gunshot wounds plus Harris’s statement “Anderson has to go” and role in bringing Unique to the scene permit inference of specific intent | Harris: no proof he had specific intent; Unique claimed self‑defense | Affirmed — specific intent may be inferred from manner of killing (multiple shots) and the surrounding circumstantial evidence; credibility determinations for self‑defense were for the jury |
Key Cases Cited
- Walls v. Commonwealth, 144 A.3d 926 (standard of review for sufficiency challenges)
- Ansell v. Commonwealth, 143 A.3d 944 (evidence viewed in light most favorable to the Commonwealth)
- Ford v. Commonwealth, 141 A.3d 547 (fact‑finder may accept or reject witness testimony)
- Dantzler v. Commonwealth, 135 A.3d 1109 (elements of conspiracy)
- Commonwealth v. Orie Melvin, 103 A.3d 1 (conspiracy may be inferred from conduct and circumstances)
- Commonwealth v. Thomas, 65 A.3d 939 (acting together before/during/after an attack can establish unity of criminal purpose for conspiracy)
- Blackham v. Commonwealth, 909 A.2d 315 (appellate court will not overturn credibility determinations)
- Ovalles v. Commonwealth, 144 A.3d 957 (elements of first‑degree murder include specific intent to kill)
- Yong v. Commonwealth, 120 A.3d 299 (co‑conspirator liability for overt acts in furtherance of conspiracy)
- Tucker v. Commonwealth, 143 A.3d 955 (specific intent to kill may be proved by circumstantial evidence)
- Hughes v. Commonwealth, 865 A.2d 761 (manner of killing, e.g., multiple gunshot wounds, supports inference of specific intent)
- Forrey v. Commonwealth, 108 A.3d 895 (doubts about credibility and weight of evidence are for the jury)
