Com. v. Henderson, S.
Com. v. Henderson, S. No. 870 EDA 2015
| Pa. Super. Ct. | Apr 28, 2017Background
- On March 8, 2013, the victim was shot multiple times and killed on the third floor of a Philadelphia boarding house he owned.
- Neighbor Denise Rahman testified she saw only the victim and Appellant (his tenant/nephew) together shortly before hearing 4–5 shots and then observed Appellant flee on a bicycle.
- Nine shell casings were recovered from the third-floor hallway; an empty lockbox for a Glock was found in a third-floor bedroom.
- Six weeks later police located Appellant; during his flight he threw a Glock 17 into an alley. Forensic testing linked that Glock to the crime-scene casings/bullets.
- Appellant testified and denied shooting, claiming a third party (Wayne Wiggins) committed the murder and later gave Appellant the gun; he was convicted of first-degree murder and a firearms offense and sentenced to life without parole.
- Appellant appealed, arguing insufficiency and that the verdict was against the weight of the evidence; the Superior Court affirmed.
Issues
| Issue | Appellant's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for first-degree murder | Evidence did not prove Appellant shot the victim or acted with premeditation, intent, or malice | Circumstantial evidence (last with victim, seen fleeing, gun matched to him) proves identity and intent | Affirmed — evidence sufficient to prove killing, intent, and premeditation |
| Weight of the evidence (new trial) | Verdict against weight because no one actually saw Appellant fire the gun; conviction rests on speculation | Jury reasonably credited eyewitness and forensic evidence over Appellant’s account | Affirmed — trial court did not abuse discretion; verdict not so contrary to evidence as to shock justice |
Key Cases Cited
- Commonwealth v. Talbert, 129 A.3d 536 (Pa. Super. 2015) (standard for reviewing sufficiency of the evidence)
- Commonwealth v. Freeman, 827 A.2d 385 (Pa. 2003) (elements of first-degree murder)
- Commonwealth v. Thomas, 54 A.3d 332 (Pa. 2012) (use of deadly weapon on vital part can infer intent to kill)
- Commonwealth v. Chambers, 980 A.2d 35 (Pa. 2009) (premeditation may be formed in a brief time)
- Commonwealth v. Nypaver, 69 A.3d 708 (Pa. Super. 2013) (deference to trial court on weight claims)
- Commonwealth v. Diggs, 949 A.2d 873 (Pa. 2008) (finder of fact may credit or discredit testimony)
- Commonwealth v. Rivera, 983 A.3d 1211 (Pa. 2009) (new trial for weight requires verdict that shocks the conscience)
- Commonwealth v. Ratushny, 17 A.3d 1269 (Pa. Super. 2011) (appellate review limits on trial court’s exercise of discretion on weight issues)