Com. v. Highsmith, T.
Com. v. Highsmith, T. No. 309 EDA 2015
| Pa. Super. Ct. | May 26, 2017Background
- In Oct. 2012 in South Philadelphia, Timothy Highsmith shot Willie Scott two–three times after a prior bar altercation; one shot pierced Scott’s chest and killed him. Highsmith called 911, fled, then surrendered.
- At trial witnesses described: Scott had assaulted his girlfriend in the bar; Highsmith drew a gun at the bar to stop Scott; Scott left but returned and followed Highsmith and a companion down the block while threatening him.
- At the sidewalk confrontation Scott (281 lbs) allegedly grabbed Highsmith (≈180 lbs); Highsmith testified he shot first in self-defense after being grabbed and again when Scott lunged; witnesses differed on distances and sequence.
- Ballistics/forensic evidence: three wounds (one penetrating chest), no visible stippling/soot on wounds or clothing; distance testing showed residue typically appears if fired within 36 inches but residue can be lost.
- Highsmith waived a jury; convicted by the trial court of third-degree murder and PIC; sentenced to 7.5–15 years. He appealed, arguing insufficiency (malice/self-defense), weight of evidence, and sentencing errors. The Superior Court vacated the murder conviction and remanded for resentencing on voluntary manslaughter.
Issues
| Issue | Commonwealth's Argument | Highsmith's Argument | Held |
|---|---|---|---|
| Sufficiency — malice / third‑degree murder (was malice proven beyond reasonable doubt, given self‑defense) | Evidence (multiple close‑range shots to vital area; defendant admitted shooting) supports inference of malice and murder conviction | Killing resulted from self‑defense or, at most, imperfect self‑defense — evidence insufficient for malice; conviction should be voluntary manslaughter | Superior Court: Evidence could support malice generally, but record and trial court reasoning fit imperfect self‑defense. Because Commonwealth did not disprove imperfect self‑defense beyond a reasonable doubt, conviction vacated and remanded for resentencing on voluntary manslaughter. |
| Weight of the evidence | Trial court credited Commonwealth witnesses and rejected Highsmith’s testimony | Highsmith argued verdict against weight of evidence | Not reached due to disposition (vacatur/remand for lesser included offense). |
| Sentencing / Alleyne challenge | Sentence lawful as imposed | Highsmith argued sentence excessive and Alleyne violation | Not addressed because case remanded for resentencing on voluntary manslaughter. |
Key Cases Cited
- Commonwealth v. Rivera, 108 A.3d 779 (Pa. 2014) (distinguishes perfect vs. imperfect self‑defense)
- Commonwealth v. Kendricks, 30 A.3d 499 (Pa. Super. 2011) (malice defined for third‑degree murder)
- Commonwealth v. Thomas, 54 A.3d 332 (Pa. 2012) (malice inference from use of deadly weapon on vital part)
- Commonwealth v. O'Searo, 352 A.2d 30 (Pa. 1976) (presumption that using deadly weapon on vital part indicates intent to kill)
- Commonwealth v. Tilley, 595 A.2d 575 (Pa. 1991) (imperfect self‑defense reduces murder to voluntary manslaughter)
- Commonwealth v. Truong, 36 A.3d 592 (Pa. Super. 2012) (imperfect self‑defense principles)
- Commonwealth v. Hart, 565 A.2d 1212 (Pa. Super. 1989) (self‑defense negates malice)
- Commonwealth v. Smith, 97 A.3d 782 (Pa. Super. 2014) (Commonwealth must introduce evidence to disprove self‑defense beyond mere disbelief)
- Commonwealth v. McComb, 341 A.2d 496 (Pa. 1975) (reasonableness of deadly force judged in light of preceding circumstances)
- Commonwealth v. Mouzon, 53 A.3d 738 (Pa. 2012) (final altercation viewed as culmination of earlier confrontation)
- Commonwealth v. Cain, 398 A.2d 1359 (Pa. 1979) (mistaken belief must show actor reasonably perceived imminent danger)
- Commonwealth v. McCusker, 292 A.2d 286 (Pa. 1972) (provocation assessed by cumulative antecedent events)
- Commonwealth v. Samuel, 590 A.2d 1245 (Pa. Super. 1991) (setting down a weapon and retreat can shift aggressor role)
- Commonwealth v. Maione, 554 A.2d 939 (Pa. Super. 1989) (return to scene and threats indicate aggressor role)
- Commonwealth v. Polimeni, 378 A.2d 1189 (Pa. 1977) (voluntary manslaughter is lesser included offense of homicide)
- Commonwealth v. Kelly, 102 A.3d 1025 (Pa. Super. 2014) (vacatur and remand for resentencing on lesser included offense when supported by record)