Commonwealth v. Rich
167 A.3d 157
| Pa. Super. Ct. | 2017Background
- Late-night collision: Rich ran a red light and struck Hudson’s vehicle; another motorist activated flashers; shortly after, Adam Webb crossed the highway to assist and was struck and killed by a tractor‑trailer.
- Charges: Rich faced multiple counts; two charges (Accidents Involving Death or Personal Injury, 75 Pa.C.S. § 3742, and Recklessly Endangering Another Person (REAP), 18 Pa.C.S. § 2705) were set for jury trial; DUI counts were set for bench (non‑jury) trial.
- Pretrial rulings: Rich moved in limine to exclude evidence of his refusal to submit to blood testing and to exclude evidence of Webb’s death; trial court allowed evidence of intoxication but excluded refusal and most evidence of Webb’s death; Commonwealth appealed interlocutorily.
- Trial court rationale on refusal: court allowed proof of intoxication to the jury but excluded evidence of refusal to give blood because its probative value was outweighed by unfair prejudice and jury confusion (DUI issues reserved for judge).
- Trial court rationale on Webb’s death: court concluded the charging documents and complaint implicated Hudson as the REAP victim; Commonwealth did not charge or successfully amend to include Webb’s death and did not preserve a res gestae argument in the trial court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred by excluding evidence of refusal to submit to blood testing in the REAP/Accident jury trial | Refusal shows consciousness of guilt about DUI and supports recklessness for REAP | Refusal is irrelevant to the jury charges and would be unfairly prejudicial/confusing; DUI is for the judge | Affirmed: exclusion not an abuse of discretion — intoxication evidence allowed, refusal excluded as unduly prejudicial and confusing since DUI is decided by judge |
| Whether trial court erred by excluding evidence of Webb's death from the jury | Webb’s death is part of the accidents/REAP facts and may be proven though victim not named in information | Webb’s death was not charged or properly amended into the information; evidence prejudicial and res gestae claim waived | Affirmed: exclusion appropriate — Commonwealth could have charged or amended to include Webb; res gestae not preserved; single REAP count tied to Hudson |
Key Cases Cited
- Commonwealth v. Surina, 652 A.2d 400 (Pa. Super. 1995) (breath test evidence admissible to prove DUI-related facts where probative)
- Commonwealth v. Scofield, 521 A.2d 40 (Pa. Super. 1987) (breathalyzer results probative of recklessness)
- Commonwealth v. Robinson, 324 A.2d 441 (Pa. Super. 1974) (refusal to submit to chemical test may indicate consciousness of guilt)
- Commonwealth v. Frisbie, 485 A.2d 1098 (Pa. 1984) (single act injuring multiple victims can form basis for multiple sentences; victim‑based counting of offenses)
- Commonwealth v. Martuscelli, 54 A.3d 940 (Pa. Super. 2012) (one REAP count may be applied where multiple victims are implicated by the facts)
- Commonwealth v. DeSumma, 559 A.2d 521 (Pa. 1989) (number of offenses depends on number of victims for crimes defined as harms to an individual)
- Commonwealth v. Mastromatteo, 719 A.2d 1081 (Pa. Super. 1998) (intoxication may be one indicium of recklessness)
- Commonwealth v. Sullivan, 864 A.2d 1264 (Pa. Super. 2004) (same)