Com. v. Todd, K.
209 MDA 2017
| Pa. Super. Ct. | Oct 4, 2017Background
- On Sept. 13, 2013, Kareem Todd argued with Jazz Beady over drug territory; Todd left, called Quentin McGlone, and returned about 15 minutes later armed with a chrome .357 revolver.
- Todd pointed the gun and, after Beady briefly reappeared on the porch and retreated inside, fired a shot through the closed front door at eye level; Beady was later found bleeding from a head wound and died.
- Multiple witnesses identified Todd as the shooter; other firearms discharge occurred after Todd’s shot. Ballistics recovered from scene included various calibers.
- Todd fled the scene, left York for Philadelphia, and about five months later gave a false name during a traffic stop; he was arrested in Feb. 2015. He lacked a license to carry a firearm.
- Todd represented himself at trial with standby counsel. A jury convicted him of third-degree murder and carrying a firearm without a license; sentence was 23.5 to 47 years. Todd appealed, raising sufficiency and evidentiary challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for third-degree murder | Commonwealth: evidence (witness ID, manner of shooting) proved malice and supports third-degree murder | Todd: shooting through closed door showed only recklessness/gross negligence, not malice | Held: Evidence sufficient; firing through a door seconds after argument at eye level manifested conscious disregard of extreme risk and satisfied malice element |
| Admission of evidence of drug dealing and earlier gun sighting | Commonwealth: prior acts were relevant to motive, identity, preparation and were admissible under Rule 404(b) | Todd: testimony of drug activity and prior gun sighting were unfairly prejudicial prior bad acts | Held: Claim not reviewable on appeal—record incomplete about the in limine rulings; appellant failed to preserve/produce a complete record |
| Admission of alias given during traffic stop (consciousness of guilt) | Commonwealth: use of false name, combined with flight and conduct, fairly raises inference of consciousness of guilt | Todd: false name could have innocent explanations; no proof he knew of a warrant when stopped | Held: Evidence admissible; alias, flight, and other facts permitted inference of consciousness of guilt |
| Admissibility timing/probative value of witness seeing same silver revolver weeks earlier | Commonwealth: prior observation showed defendant had the gun and supported identity/intent | Todd: prior sighting was too remote and prejudicial | Held: Same as drug-acts challenge—not reviewable due to incomplete record about the trial court’s rulings |
Key Cases Cited
- Commonwealth v. Diggs, 949 A.2d 873 (Pa. 2008) (standard for sufficiency review and circumstantial evidence)
- Commonwealth v. Kling, 731 A.2d 145 (Pa. Super. 1999) (definition of malice for third-degree murder)
- Commonwealth v. Lee, 626 A.2d 1238 (Pa. Super. 1993) (similar facts: shot fired after argument supports malice)
- Commonwealth v. Dengler, 890 A.2d 372 (Pa. 2005) (abuse of discretion standard for evidence admissibility)
- Commonwealth v. Sitler, 144 A.3d 156 (Pa. Super. 2016) (Rule 404(b) framework and probative/prejudicial balancing)
- Commonwealth v. Sherwood, 982 A.2d 483 (Pa. 2009) (principles for other-acts evidence)
- Commonwealth v. O'Black, 897 A.2d 1234 (Pa. 2006) (appellant’s duty to provide a complete certified record)
- Commonwealth v. Kleinicke, 895 A.2d 562 (Pa. Super. 2006) (same: record completeness required to review claims)
- Commonwealth v. Lukowich, 875 A.2d 1169 (Pa. Super. 2005) (flight/concealment evidence admissible to show consciousness of guilt)
- Commonwealth v. Robinson, 721 A.2d 344 (Pa. 1998) (use of alias as evidence of consciousness of guilt)
- Commonwealth v. Johnson, 838 A.2d 663 (Pa. 2003) (evidence of flight/concealment admissible to prove consciousness of guilt)