Com. v. Montgomery, J., Com. v. Montgomery, J. No. 1785 MDA 2016

Appellant James J. Montgomery chased his daughter Misty and her boyfriend (Victim) after Misty sneaked into Victim’s car; a confrontation ensued in a cul-de-sac.
Appellant drove into Victim (who landed on the hood), then punched Victim multiple times, causing facial bleeding; Misty and Victim sought refuge with a neighbor and later called police.
Appellant was tried; a jury convicted him of simple assault and the trial court found him guilty of summary harassment following a two-day trial in July 2016.
Sentenced to 23 months’ probation plus fines and costs; restitution of $3,228.50 was later added for Victim’s medical expenses.
Appellant did not file post-sentence motions and appealed, raising (1) exclusion of evidence of Victim’s prior violent acts and (2) denial of jury instructions on self-defense and defense of others.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court erred by excluding evidence of Victim’s prior violent acts	Commonwealth: trial court’s evidentiary rulings were proper (implied)	Montgomery: court improperly prevented him from presenting evidence of Victim’s prior violent acts	Waived on appeal — Appellant’s 1925(b) statement did not raise this specific claim; no relief.
Whether trial court erred in denying justification instructions (self-defense and defense of others)	Commonwealth: claim waived and merits fail because Capitolo threshold not met	Montgomery: he satisfied Capitolo four-prong test and put court on notice to receive instructions	Denied — trial court found no adequate offer of proof under Capitolo and also found waiver for failing to object to charge; appellate court affirmed.

Capitolo v. Commonwealth, 498 A.2d 806 (Pa. 1985) (articulates four-prong test and threshold offer-of-proof requirement for justification jury instructions)
Lord v. Commonwealth, 719 A.2d 306 (Pa. 1998) (issues not raised in Pa.R.A.P. 1925(b) statement are waived)