Commonwealth v. Devine
26 A.3d 1139
| Pa. Super. Ct. | 2011Background
- Appellant Keith Devine was tried in a bench trial with co-defendants for murder, criminal conspiracy, and aggravated assault in Philadelphia County.
- The incident occurred March 25, 2007; four victims were injured, one (Jovonne Stelly) died from a gunshot wound to the head/neck.
- Appellant, his stepfather Sam Scruggs, and Michael Wynn armed themselves and confronted a mob outside their house after guns were distributed to inside the house.
- The trial court found Devine guilty of third-degree murder, conspiracy, and two counts of aggravated assault and sentenced him to concurrent long terms.
- Devine fled Philadelphia after the incident and resisted arrest when apprehended in Williamsport, indicating consciousness of guilt.
- On appeal, Devine argues (1) insufficiency of evidence for third-degree murder and conspiracy and (2) that the verdicts are against the weight of the evidence; the Commonwealth asserts the evidence supports the verdicts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove third-degree murder | Devine contends no malice established | Commonwealth argues evidence shows recklessness/malice | Affirmed; sufficient evidence of malice and causation. |
| Sufficiency of evidence to prove criminal conspiracy | Devine asserts no agreement or overt act | Commonwealth shows shared intent and overt acts | Affirmed; conspiracy proven by joint preparation and execution. |
| Weight of the evidence claim | Devine claims verdicts against weight of evidence | Commonwealth argues credibility and consistency support verdict | Denied; weight claim rejected. |
Key Cases Cited
- Commonwealth v. Jones, 874 A.2d 108 (Pa. Super. 2005) (standard for sufficiency of circumstantial evidence in proving elements)
- Commonwealth v. Small, 559 Pa. 423 (1999) (weight of the evidence deference to the fact-finder)
- Commonwealth v. Champney, 574 Pa. 435 (2003) (abuse-of-discretion standard in weight of the evidence claims)
- Commonwealth v. Nunn, 947 A.2d 756 (Pa. Super. 2008) (causation and foreseeability in criminal conduct)
- Commonwealth v. Rementer, 410 Pa. Super. 9 (1991) (two-part test for criminal causation)
- Commonwealth v. Weimer, 602 Pa. 33 (2009) (conspiracy scope when homicide charged generally)