Com. v. Reaves, N.
659 EDA 2015
| Pa. Super. Ct. | Oct 17, 2016Background
- On April 9, 2013, around 12:25 A.M., Reaves stabbed Jeffrey Thompson in Carrie Turner Memorial Park, Philadelphia.
- Prior to the incident, Aaron Warren and two friends were in the park when Thompson and another friend arrived; an argument over rap occurred.
- Reaves arrived alone; after Thompson told him to back off, Reaves kicked Thompson's jacket and stated, 'I'll kill you out here.'
- Reaves and Thompson fought in the shrubs; Thompson later exited and said, 'I'm stabbed,' and died shortly after; Reaves fled the park.
- No weapon was recovered at the park; clothing at nearby trashcans was bloodstained and later linked to the crime; DNA on sneakers and clothing connected to Reaves and Thompson, with Thompson's blood on some clothing.
- The jury convicted Reaves of third-degree murder and possessing an instrument of crime; he was sentenced to 270 to 540 months in prison.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Arrest of judgment for third-degree murder with alleged lack of malice | Commonwealth: malice supported by evidence and inferences from stabbing. | Reaves: no malice; evidence does not establish malice for third-degree murder. | Sufficiency supported; malice inferred; conviction affirmed. |
| Preservation of voluntary manslaughter instruction | Commonwealth: rule 647 requires preserved objection; request noted but not objected to. | Reaves: trial court erred by not giving voluntary manslaughter instruction. | Issue waived; not adequately preserved for review. |
Key Cases Cited
- Bigelow v. Commonwealth, 611 A.2d 301 (Pa. Super. 1992) (sufficiency review uses light most favorable to Commonwealth)
- Meadows v. Commonwealth, 369 A.2d 1266 (Pa. 1977) (arrest of judgment standard)
- Marks v. Commonwealth, 704 A.2d 1095 (Pa. Super. 1997) (cannot substitute verdict for evidence)
- Kling v. Commonwealth, 731 A.2d 134 (Pa. Super. 1999) (malice and third-degree murder dynamics)
- Mercardo v. Commonwealth, 649 A.2d 946 (Pa. Super. 1994) (malice may be inferred from deadly weapon use)
- Caye v. Commonwealth, 348 A.2d 136 (Pa. 1975) (malice inference limited when direct evidence shows otherwise)