Com. v. Thompson, D., Com. v. Thompson, D. No. 151 EDA 2013

On September 20, 2003, Terrance Berry (the victim) was shot in the neck and killed outside a car in Philadelphia; medical/ballistics evidence established a close-range shotgun wound to the neck that severed the spinal cord.
Eyewitness Craig Butler testified he heard appellant Derrick Thompson tell the victim days earlier to stop "hustling" (selling drugs), saw a gunshot occur, saw Thompson exit the car, observed shotgun wadding in the victim’s neck, and later overheard Thompson tell a woman to retrieve the gun from the car.
Police recovered two live shotgun shells from the driver’s side of the car and Thompson’s fingerprints in the vehicle; Thompson initially denied seeing the shooter when questioned by police.
At trial, a friend testified Thompson said the shooting was an accident; another witness recounted Thompson discussing a shotgun afterwards. Thompson did not testify.
A jury convicted Thompson of first-degree murder and possession of an instrument of crime; he received life imprisonment for murder. Post-trial motions were denied.
On appeal Thompson argued (1) insufficiency of evidence/arrest of judgment (no proof he was the perpetrator or had specific intent/premeditation) and (2) the verdict was against the weight of the evidence.

Issue	Plaintiff's Argument (Commonwealth)	Defendant's Argument (Thompson)	Held
Sufficiency / Arrest of judgment for 1st-degree murder	Evidence (Butler’s eyewitness account + fingerprints + medical/ballistics) supports that Thompson perpetrated the killing with specific intent to kill	Butler’s testimony is inherently unreliable; Commonwealth did not prove Thompson was the shooter or that killing was intentional/premeditated	Affirmed. Court found evidence sufficient: eyewitness plus physical and medical evidence permitted inference of intent and identity
Weight of the evidence / New trial	Jury credibility determinations are controlling; evidence weight favored conviction	Verdict shocks conscience because Butler was implausible; alternative (accident) testimony favored Thompson	Affirmed. Trial court did not abuse discretion; weight claim fails because jury credited Butler and verdict wasn’t so contrary to evidence as to warrant new trial

Commonwealth v. Widmer, 560 Pa. 308, 744 A.2d 745 (Pa. 2000) (standard for reviewing sufficiency of the evidence)
Commonwealth v. Karkaria, 533 Pa. 412, 625 A.2d 1167 (Pa. 1993) (exception when testimony is inherently unreliable)
Commonwealth v. Santana, 460 Pa. 482, 333 A.2d 876 (Pa. 1975) (evidence insufficient if contrary to physical facts or laws of nature)
Commonwealth v. Chambers, 528 Pa. 558, 599 A.2d 630 (Pa. 1991) (view evidence in light most favorable to verdict winner)
Commonwealth v. Montalvo, 986 A.2d 84 (Pa. 2009) (elements for first-degree murder: unlawful killing, perpetrator, malice and specific intent)
Commonwealth v. Kennedy, 959 A.2d 916 (Pa. 2008) (first-degree murder elements discussion)
Commonwealth v. Rega, 933 A.2d 997 (Pa. 2007) (specific intent may be inferred from use of deadly weapon on vital body part)
Commonwealth v. Kim, 888 A.2d 847 (Pa. Super. 2005) (standard for appellate review of weight claims)
Commonwealth v. Davis, 799 A.2d 860 (Pa. Super. 2002) (motion for new trial based on weight concedes sufficiency)
Commonwealth v. Jarowecki, 923 A.2d 425 (Pa. Super. 2007) (procedural and review principles on weight and sufficiency claims)