307 A.3d 759
Pa. Super. Ct.2023Background
- David Anthony Rosario, an inmate at SCI-Camp Hill, was convicted of aggravated assault (serious bodily injury to an enumerated person), aggravated assault (bodily injury to an enumerated person), and assault by prisoner for attacking Corrections Officer (C.O.) Alexander.
- On July 9, 2021, Rosario bolted from his cell when the door unexpectedly opened and launched a surprise attack, punching C.O. Alexander approximately 30 times in the head and face until other officers forcibly removed him.
- C.O. Alexander suffered extensive contusions, facial swelling, and bruising but did not sustain brain injuries; he missed six months of work due to his injuries.
- Rosario admitted to the attack at trial, stating his goal was to be transferred from SCI-Camp Hill, not to kill or seriously injure Alexander specifically, and claimed no animosity toward the officer personally.
- Rosario appealed his conviction, arguing the evidence failed to prove he intended to cause “serious bodily injury” as required for aggravated assault under 18 Pa.C.S.A. § 2702(a)(2).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for intent to cause serious bodily injury under § 2702(a)(2) | Evidence only shows intent to cause bodily (not serious) injury; attack was not intended to seriously injure Alexander. | Commonwealth argued intent could be inferred from nature and ferocity of the attack, which constituted a substantial step toward causing serious bodily injury. | Court held evidence was sufficient to show intent to cause serious bodily injury, affirming conviction. |
Key Cases Cited
- Commonwealth v. Galindes, 786 A.2d 1004 (Pa. Super. 2001) (intent to cause serious bodily injury can be shown by substantial step toward such harm; actual injury not required)
- Commonwealth v. Dailey, 828 A.2d 356 (Pa. Super. 2003) (inmate's repeated forceful blows and need for forcible restraint demonstrated intent to cause serious bodily injury)
- Commonwealth v. Alexander, 383 A.2d 887 (Pa. 1978) (single blow insufficient for aggravated assault intent; case distinguished by multiple blows and ongoing attack here)