Com. v. McClain, J.
3363 EDA 2015
| Pa. Super. Ct. | Dec 20, 2016Background
- In the early morning of Sept. 21, 2014, officers responded to a vandalism report; appellant James McClain struck the complainant’s vehicle and fled on foot.
- Officers Montes and Keleman located McClain; McClain fled, officers pursued, and Officer Montes exited the patrol car to chase him on foot.
- When Montes caught McClain and wrapped his arms around him, McClain choked Montes for ~15 seconds, slammed him into the concrete sidewalk, pinned him, and elbowed and kicked him until backup subdued McClain.
- McClain was charged with aggravated assault, simple assault, recklessly endangering another person (REAP), resisting arrest, and criminal mischief; convicted of all charges on July 28, 2015.
- Sentenced Oct. 7, 2015 to an aggregate 9 to 18 months’ imprisonment; McClain appealed raising sufficiency of the evidence for REAP.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to sustain REAP conviction | Commonwealth: McClain’s actions placed Officer Montes at risk of serious bodily injury or death and McClain acted recklessly | McClain: No risk of serious bodily injury or death (officer walked to patrol car, released from hospital, no lasting pain); he was merely evading arrest | Affirmed: evidence sufficient—slamming officer onto concrete created risk of serious bodily injury or death and McClain consciously disregarded that risk |
Key Cases Cited
- Walls v. Commonwealth, 144 A.3d 926 (Pa. Super. 2016) (standard of review for sufficiency challenges)
- Ansell v. Commonwealth, 143 A.3d 944 (Pa. Super. 2016) (view evidence in light most favorable to Commonwealth)
- Ford v. Commonwealth, 141 A.3d 547 (Pa. Super. 2016) (fact-finder may believe all, part, or none of evidence)
- Cordoba v. Commonwealth, 902 A.2d 1280 (Pa. Super. 2006) (REAP requires conduct that placed or may have placed another in danger of serious bodily injury or death)
- Vogelsong v. Commonwealth, 90 A.3d 717 (Pa. Super. 2014) (recklessness defined as conscious disregard of substantial and unjustifiable risk)
- Lawton v. Commonwealth, 414 A.2d 658 (Pa. Super. 1979) (minor actual injury does not preclude finding that defendant’s actions placed victim at risk of serious injury)
- Rife v. Commonwealth, 312 A.2d 406 (Pa. 1973) (concussion can be a serious bodily injury)
- Picchianti v. Commonwealth, 600 A.2d 597 (Pa. Super. 1991) (attempting to avoid arrest does not preclude REAP conviction)
- Henck v. Commonwealth, 478 A.2d 465 (Pa. Super. 1984) (same)