Com. v. Predmore, S.
238 EDA 2017
| Pa. Super. Ct. | Oct 4, 2017Background
- On Dec. 12, 2015 Steven Predmore shot Alexander Marsicano three times (two bullets striking Marsicano’s calves) after a confrontation outside Marsicano’s ex-girlfriend’s residence; Predmore retrieved a 9mm from his car, loaded it, aimed and fired, then left the scene.
- Marsicano required hospital treatment; Predmore told police he acted in self-defense to stop a beating.
- Commonwealth charged Predmore with attempted criminal homicide, aggravated assault, simple assault, and recklessly endangering another person.
- Predmore filed a pretrial habeas corpus petition arguing the Commonwealth failed to establish a prima facie case (specifically lack of specific intent to kill).
- Trial court granted habeas and dismissed the attempted homicide count; Commonwealth appealed interlocutorily.
- Superior Court reviewed de novo whether the Commonwealth produced prima facie evidence of every element (mens rea and actus reus) and affirmed the dismissal as to attempted homicide, concluding specific intent to kill was not shown.
Issues
| Issue | Commonwealth’s Argument | Predmore’s Argument | Held |
|---|---|---|---|
| Whether the Commonwealth established a prima facie case for attempted homicide (specific intent to kill) | Actions—retrieving a gun, loading it, aiming and firing at a retreating victim who was struck—constitute a "substantial step" and support an inference of specific intent to kill | Evidence shows shots struck the calves at close range and no evidence of aiming at a vital area; self-defense also relevant; Commonwealth failed to prove specific intent | Affirmed: actus reus (substantial step) could be met, but record lacked sufficient evidence of specific intent to kill; dismissal of attempted homicide upheld |
Key Cases Cited
- Commonwealth v. Karetny, 880 A.2d 505 (Pa. 2005) (prima facie burden at habeas is a question of law; appellate plenary review)
- Commonwealth v. Jackson, 955 A.2d 441 (Pa. Super. 2008) (substantial-step analysis for attempt; focus on acts completed)
- Commonwealth v. Donton, 654 A.2d 580 (Pa. Super. 1995) (loading a gun, traveling to victim, and readiness can support attempt)
- Commonwealth v. Benz, 565 A.2d 764 (Pa. 1989) (justification/self-defense is an affirmative defense for trial, not for negating prima facie case)
- Commonwealth v. James, 863 A.2d 1179 (Pa. Super. 2004) (view evidence in the light most favorable to the Commonwealth at habeas stage)