Commonwealth v. Son Truong
36 A.3d 592
| Pa. Super. Ct. | 2012Background
- Late evening of December 10, 2007 into the early morning of December 11, 2007, Son Truong stabbed his father Lok Truong to death in Philadelphia; convicted of third-degree murder and PIC.
- Preliminary hearing: Co Vo testified the victim had been drinking heavily; she saw the men wrestling and a knife involved; she observed blood and delayed notifying police.
- Police response: officers observed a bloody scene, recovered a hidden knife, and Truong admitted involvement while at the scene.
- Medical evidence: Dr. Gary Collins performed the autopsy, noting multiple stab wounds and blunt head injuries; victim had BAC of .260 at time of death.
- Defense evidence: Dr. Tony Pham opined appellant suffered from schizoaffective disorder, potentially justifying a belief of imminent danger; other witnesses described the victim as volatile when intoxicated.
- Trial and judgment: bench trial; conviction of third-degree murder and PIC; sentence of 15 years for murder; Rule 1925(a) statement and related issues raised on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Malice present for third-degree murder? | Commonwealth proved malice from weapons and circumstances. | Evidence could negate malice via self-defense or heat of passion. | Malice proven; verdict supported. |
| Imperfect self-defense preserved and applicable? | No imperfect self-defense; self-defense claim rejected. | Imperfect self-defense could negate malice; claim preserved. | Imperfect self-defense waived; even if preserved, meritless |
Key Cases Cited
- Commonwealth v. Bruce, 207 Pa.Super. 4 (Pa. Super. 2007) (sufficiency standard for circumstantial evidence and standard of review)
- Commonwealth v. Tielsch, 934 A.2d 81 (Pa. Super. 2007) (definition of third-degree murder and malice)
- Commonwealth v. Hardy, 918 A.2d 766 (Pa. Super. 2007) (malice concept and inference from circumstances)
- Commonwealth v. Gooding, 818 A.2d 546 (Pa. Super. 2003) (malice may be inferred from use of deadly weapon)
- Commonwealth v. Gonzalez, 858 A.2d 1219 (Pa. Super. 2004) (malice considerations in totality of circumstances)