Com. v. Waring, M.
978 EDA 2015
| Pa. Super. Ct. | Oct 18, 2016Background
- On September 10, 2012, Naeem Giles was shot multiple times on Horrocks/Orthodox Streets in Philadelphia and later died; autopsy concluded homicide from multiple gunshot wounds.
- Witnesses (James Burton, Brianna Dockery, Carmelo Ortiz) testified that Maceo Waring (identified in photo arrays and in court) retrieved a .45 Glock from a nearby house, ran to the decedent after an altercation, and fired multiple close-range shots.
- Ballistics matched recovered cartridge casings and two bullets from the body to a .45 Glock model 21 that Allen Young later turned over to police.
- Waring was arrested later after a traffic stop during which he struggled with officers and allegedly attempted to take their firearms; officers sustained minor injuries.
- A jury convicted Waring of first-degree murder, carrying a firearm without a license, possession of an instrument of crime, and two counts of aggravated assault of police officers; court sentenced him to life without parole plus concurrent and consecutive prison terms.
- On appeal Waring challenged the sufficiency and weight of the evidence; the Superior Court adopted the trial court's detailed opinion and affirmed.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Waring) | Held |
|---|---|---|---|
| Sufficiency — First‑degree murder | Evidence shows identity, deadly-weapon use to vital areas, premeditation and specific intent to kill | Evidence insufficient to prove Waring was the shooter or acted with specific intent | Affirmed — evidence (eyewitness ID, ballistics, motive/acts) sufficient to prove first‑degree murder |
| Sufficiency — Possessing an instrument of crime | Firearm retrieved and used in the killing; ballistics link gun to shots | Insufficient proof of possession and criminal intent | Affirmed — possession and criminal intent proven by retrieval, use, and ballistics |
| Sufficiency — Firearms not to be carried without a license (§6106) | Certificate of non‑licensure plus possession of the Glock at time of shooting | Argues insufficient proof of licensed status/possession | Affirmed — self‑authenticating certificate and evidence of possession establish violation |
| Sufficiency/Weight — Aggravated assault on officers | Struggle and attempt to take officers’ weapons constituted substantial step toward serious bodily injury | Defense disputes intent/seriousness of conduct during arrest | Affirmed — facts support attempt to cause serious bodily injury; verdict not against weight of evidence |
Key Cases Cited
- Commonwealth v. Hardy, 918 A.2d 766 (Pa. Super. 2007) (briefing standards and waiver for inadequate appellate briefs)
- Commonwealth v. Lewis, 911 A.2d 558 (Pa. Super. 2006) (standard for sufficiency review)
- Commonwealth v. Diggs, 949 A.2d 873 (Pa. 2008) (conviction may rest on wholly circumstantial evidence)
- Commonwealth v. Rega, 933 A.2d 997 (Pa. 2007) (specific intent to kill may be proven circumstantially)
- Commonwealth v. May, 887 A.2d 750 (Pa. 2005) (use of deadly weapon on vital part permits inference of intent to kill)
- Commonwealth v. Pagan, 950 A.2d 270 (Pa. 2008) (elements of murder)
- Commonwealth v. Koehler, 737 A.2d 225 (Pa. 1999) (first‑degree murder mens rea discussion)
- Commonwealth v. Widmer, 744 A.2d 745 (Pa. 2000) (weight of the evidence standard)