Com. v. Roberson, A.
Com. v. Roberson, A. No. 1681 MDA 2016
| Pa. Super. Ct. | Aug 17, 2017Background
- On April 13, 2015, appellant Alexandria Roberson was observed riding a gas-powered bike on a residential street with her 7-year-old daughter unsecured on the front handlebars. Neither wore helmets or protective gear.
- The bike lacked turn signals, brake lights, and headlights and was not legal for roadway operation; appellant was swerving between road and sidewalk.
- Roberson was charged with recklessly endangering another person, endangering the welfare of a child (18 Pa.C.S. § 4304(a)(1)), and driving under suspension.
- At a June 13, 2016 trial the court found Roberson guilty on all counts; she was sentenced July 26, 2016 to an aggregate 30 days to 6 months’ imprisonment.
- Roberson filed a post-sentence motion (denied October 6, 2016) and appealed, challenging sufficiency of evidence for the child-endangerment conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for endangering the welfare of a child (knowing element) | Commonwealth: evidence (circumstances, lack of safety gear, illegal/unsafe operation) permits a reasonable inference Roberson knew she placed the child in danger | Roberson: riding slowly in daylight near home did not show she knowingly placed child in a threatening situation; conduct was poor judgment, not knowledge | Affirmed: viewing evidence in Commonwealth's favor, jury could infer Roberson knowingly endangered her child under Wallace test |
Key Cases Cited
- Commonwealth v. Retkofsky, 860 A.2d 1098 (Pa. Super. 2004) (held parent knowingly endangered child by operating ATV with child exposed to trivial-event crash risk)
- Commonwealth v. Wallace, 817 A.2d 485 (Pa. Super. 2002) (sets three-prong test for "knowingly" in child-endangerment prosecutions)
- Commonwealth v. Miller, 600 A.2d 988 (Pa. Super. 1992) (distinguished: leaving a child unattended not equivalent to knowingly placing child in imminent danger)
- Commonwealth v. Moore, 395 A.2d 1328 (Pa. Super. 1978) (knowledge may be inferred from circumstantial evidence)
- Commonwealth v. Walls, 144 A.3d 926 (Pa. Super. 2016) (recites standard of review for sufficiency challenges)