452 EDA 2015
Pa. Super. Ct.Apr 29, 2016Background
- On April 11, 2012, Markel Wright was fatally shot during a shootout at 53rd and Greenway Streets in Philadelphia; 17 casings were recovered.
- Appellant Ronald Ockimey and co-defendant Leon Owens joined others from the Backstreet Boys to confront rival Greenway Boys; surveillance and witness testimony placed Ockimey at a bar en route and at the scene.
- Ockimey gave two statements to homicide detectives admitting he went to “back up” Owens, carried a gun, and fired multiple times toward people at the corner store; he identified himself in bar surveillance.
- A jury convicted Ockimey of third-degree murder, conspiracy to commit murder, and firearm offenses; he was sentenced to 23–50 years’ imprisonment.
- Ockimey appealed raising multiple issues: sufficiency (malice/self‑defense), three mistrial claims (spectator outburst; audience member recognizing juror; breaking a redaction in closing), suppression rulings (voluntariness of confession; suppression of drugs found near victim), requested jury instructions (involuntary manslaughter and Fowlin), and discretionary-sentencing challenge.
Issues
| Issue | Appellant's Argument | Commonwealth / Trial Court Position | Held |
|---|---|---|---|
| Sufficiency of evidence for 3rd-degree murder (malice) | Evidence supported manslaughter/heat of passion or involuntary manslaughter; no malice | Evidence (statements, surveillance, firing into public) proved malice and accomplice liability | Waived for inadequate briefing; merits rejected — evidence sufficient |
| Mistrial: victim’s mother’s outburst in jury’s presence | Outburst prejudiced trial and demanded mistrial | Court removed jurors, excluded spectator, and gave agreed curative instruction | Denied — curative instruction and remedy sufficient; no prejudice shown |
| Mistrial: audience member said she recognized a juror | Recognition tainted jury impartiality | Audience member excluded; jurors colloquied; panel affirmed impartiality | Denied — no prejudice; juror did not know audience member or relation to case |
| Mistrial: breaking redaction revealing co-defendant | Redaction breach prejudiced defense by revealing co-defendant identity | Appellant’s own statements implicated co-defendant; appellant offered no legal support | Waived for lack of legal argument; no prejudice shown; claim fails |
| Suppression: voluntariness of Nov. 15 statement (solitary confinement) | Statement involuntary due to prior restrictive housing and coercion | Totality of circumstances: Miranda warnings given, appellant coherent, not threatened, six days in general population before interview | Denied — statement voluntary under totality of circumstances |
| Suppression: drugs found near victim (evidence of victim’s criminality) | Drugs would show victim’s criminal role and justify defendants’ fear | Drugs introduced by third party at scene, not on victim; no toxicology evidence tying drugs to victim | Commonwealth’s motion to suppress drugs granted; trial court did not abuse discretion |
| Jury instructions: involuntary manslaughter and Fowlin charge | Requested instructions; argued self-defense/Fowlin principles applied | No timely specific objection when requests denied; evidence did not support involuntary manslaughter or Fowlin-based exoneration | Waived for failure to preserve; alternative merits analysis also rejected |
| Discretionary aspects of sentence | Sentence excessive given appellant’s youth, learning disorder, and limited violent history | Court considered PSI, victim impact, arguments, and mitigating materials before imposing guideline-range sentence | Reviewed and affirmed — no abuse of discretion; sentence appropriate |
Key Cases Cited
- Miranda v. Arizona, 384 U.S. 436 (Supreme Court of the United States) (Miranda-warning waiver principles)
- Bruton v. United States, 391 U.S. 123 (Supreme Court of the United States) (co-defendant confession and redaction issues)
- Commonwealth v. Ogrod, 839 A.2d 294 (Pa. 2003) (totality of circumstances test for voluntariness of confession)
- Commonwealth v. Philistin, 774 A.2d 741 (Pa. 2001) (spectator misconduct and remedial instructions/mistrial standard)
- Commonwealth v. Fowlin, 710 A.2d 1130 (Pa. 1998) (self-defense interplay with recklessness and related jury instruction principles)