213 A.3d 1004
Pa. Super. Ct.2019Background
- On June 19, 2014, Daniel Andrews allegedly shot two people (Crosby and Nesmith) during a gathering; both victims were hospitalized and Andrews was arrested the same day after discarding a firearm and behaving combatively. Andrews confessed to the shootings at the police station later that evening.
- Andrews was charged with aggravated assault, persons not to possess a firearm, carrying a firearm without a license, carrying a firearm in public in Philadelphia, and possession of an instrument of crime; a jury acquitted him of aggravated assault and the PIC charge was later dismissed.
- Pretrial, Andrews moved to dismiss under Pa.R.Crim.P. 600 (speedy trial), to suppress evidence based on alleged defects in the search-warrant affidavit (Franks challenge), and to suppress his custodial confession as involuntary; the trial court denied all motions.
- At trial the defense presented involuntary-intoxication evidence (claiming unknowing K-2 ingestion). Andrews was convicted on several VUFA counts and sentenced to consecutive terms totaling 8–20 years’ imprisonment.
- Andrews appealed, challenging denial of the Rule 600 motion, suppression rulings (warrant and confession), and the excessiveness of his sentence; the Superior Court affirmed in all respects.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Andrews) | Held |
|---|---|---|---|
| Rule 600 delay (May 15, 2015–Feb 29, 2016) | Delay was excludable because defense requested additional discovery and the court rescheduled to the earliest available date; court congestion caused part of delay | Delay should be charged to Commonwealth because defense sought routine discovery that Commonwealth should have provided | Held excludable: defense request and court scheduling rendered delay non-attributable to Commonwealth; Rule 600 denial affirmed |
| Search-warrant affidavit (Franks claim) | Affidavit provided sufficient probable cause; no evidence of deliberate falsehood or reckless disregard by affiant | Warrant affidavit misstated that McKnight saw the shooting (she was upstairs); this factual inaccuracy undermines probable cause | Denial affirmed: Andrews failed to offer proof of deliberate or reckless falsehood required to invalidate warrant under Franks |
| Voluntariness of confession | Statement was voluntary: officers waited until Andrews appeared coherent, read Miranda, provided food/drink, and confession occurred after advice of rights | Confession was coerced/involuntary due to ~9 hours custody, alleged intoxication, deprivation of food/drink, and impaired state | Denial affirmed: totality of circumstances showed voluntary waiver and credible officer testimony that Andrews was coherent and not intoxicated when he confessed |
| Discretionary sentencing/excessiveness | Sentence within or below guideline ranges for each count and based on RFEL/OGS; consecutive terms justified | Aggregate 8–20 years is manifestly excessive; alternative (county) sentence available | No abuse of discretion: individual terms fell in mitigated/below guideline ranges; claim fails (also largely does not present a substantial question) |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (warrant challenge requires proof of deliberate falsehood or reckless disregard)
- Commonwealth v. Gomolekoff, 910 A.2d 710 (Franks standard and need for offer of proof)
- Commonwealth v. Hill, 736 A.2d 578 (pretrial motions only exclude time when they actually cause delay; Commonwealth must show due diligence)
- Commonwealth v. Barbour, 189 A.3d 944 (Rule 600 computation and due diligence principles)
- Commonwealth v. Martin, 101 A.3d 706 (totality-of-the-circumstances test for voluntariness of confession)
- Commonwealth v. Matis, 710 A.2d 12 (Commonwealth must show it did everything reasonable to bring the defendant to trial on time)