OPINION
Riсhard Boxley has filed a direct appeal from the judgment of sentence of the Court of Common Pleas of Berks County sentencing him to death following his convictions for first degree murder, aggravated assault, recklessly endangering another person, possessing instruments of crime, violating the Uniform Firearms Act, and conspiracy. We affirm appellant’s conviction for first degree murder, but remand for a new penalty hearing.
On June 11, 1997, appellant and Tito Black arrived at LaDonna Johnson’s house in Reading. Tamika Johnson, who was also there, testified that after LaDonna left for work, Black, brandishing a 9 mm handgun, and appellant, brandishing a .357 mаgnum revolver, discussed their plan to kill Jason Bolton. Black stated Bolton had 48 hours to live.
*616 Wilson Melendez, who sold drugs for Black, arrived after Tamika left. Black introduced Melendez and appellant, who had not previously met. Black told Melendez to go to the grocery store, and appellant accompanied him. En route, Melendez spotted Bolton. Melendez entered the store while appellant went to tell Black of Bolton’s whereabouts. Melendez met appellant and Black, and all three followed Bolton. When they reached Sixth and Chestnut Streets, appellant and Black told Melendez to lоok around the corner to determine Bolton’s location. Then appellant, with his hand in his back pocket, approached Bolton. Appellant’s gun accidentally discharged, and he immediately pulled it out and began firing at Bolton. At the same time, Black came around the comer and shot twice аt Bolton. Appellant then fled with Black, telling him he had shot Bolton. Bolton lay dying in the gutter.
After the shooting, appellant, Black, and Melendez returned to LaDonna’s house, where appellant and Black celebrated the killing. When Black asked if appellant had been successful in shooting Bolton, appellant replied, “[Y]eah, I’m sure I got him. I swear on my kids I got him.” N.T., 10/18/00, at 693. By this time, Tamika had returned. When she asked what they had done, Black responded, “[W]e got that nigger.” Id., at 611. Both men then gave their weapons to Melendez, who hid them in a backyard. Appellant and Black left separately.
Appellant was charged with criminal homicide. Nеil Hoffman, M.D., a board-certified forensic pathologist who was qualified as an expert at trial, testified Bolton died from a gunshot wound to the chest.
Trooper Kurt Tempinski, an expert in firearms and ballistics identification, testified shell casings recovered from the scene matched those from Black’s 9 mm handgun. Trooрer Tempinski further testified the two metal bullet jackets recovered from the scene matched those from the .357 magnum identified as appellant’s weapon.
At trial, appellant claimed Black and Melendez had killed Bolton and that he had not shot the victim at all. The jury-credited evidence to the cоntrary, and found appellant guilty *617 of first degree murder, aggravated assault, recklessly endangering another person, possessing instruments of crime, violating the Uniform Firearms Act, and conspiracy, and sentenced him to death. This direct appeal followed.
Appellant raises the following issues:
1. Whether the evidence was sufficient to support aрpellant’s conviction.
2. Whether the trial court erred by preventing defense counsel from conducting individual voir dire of all prospective venirepersons during the jury selection process.
3. Whether the trial court abused its discretion by continuing jury selection into the evening hours.
4. Whether the trial court erred in denying defense counsel’s request for a mistrial after berating counsel in the presence of the jury regarding the content and manner of cross-examination.
Appellant first argues the evidence adduced at trial was insufficient to support his conviction. Specifically, he claims the Commonwealth failed to establish bеyond a reasonable doubt that he intended to kill the victim. It is the specific intent to kill that distinguishes first degree murder from lesser grades of murder.
Commonwealth v. Smith,
At trial, Melendez testified appellant and Black shot at Bolton, N.T., 10/18/00, at 689, who later died from gunshot *618 wounds to the chest. This use of a deadly weapon on a vital part of the victim’s body was sufficient to establish specific intent to kill. Walker, at 95. Based on the evidence presented, the jury could have concluded appellant acted with specific intent and deliberation in the killing of Bolton. 1 Accordingly, the evidence is sufficient to sustain appellant’s conviction for first degree murder.
Appellant asserts the testimony of Tamika and Melendez was not credible because they offered inconsistеnt testimony regarding disposal of the murder weapons. Appellant also claims Melendez was motivated to testify against him in exchange for favorable treatment at his own trial for criminal homicide and conspiracy.
These claims, although couched as challenges to the sufficiency of the evidence, essentially go to the weight of the evidence. The weight of the evidence is exclusively for the finder of fact, who is free to believe all, part, or none of the evidence, and to assess the credibility of witnesses.
Commonwealth v. Johnson,
Appellant next asserts the trial court erred in denying him the right to individual
voir dire,
thereby prevent
*619
ing counsel from “life qualifying” the jury.
2
Pennsylvania Rule of Criminal Procedure 631(E)
3
mandates that in capital cases, a trial court must permit individual
voir dire
to be conducted, unless the defendant waives this alternative. During individual
voir dire,
a capital defendant is also permitted to ask life qualifying questions.
See Morgan v. Illinois,
The record discloses the trial court deprived appellant of his right to individual
voir dire
regarding the imposition of the death penalty. Although a trial court may collectively ask a jury panel questions pertaining to preliminary matters such as inability to serve, knowledge of the case or of -witnesses, acquaintance with law enforcement officers, and prior experiencеs as a victim or a relative of a victim of a crime, the trial court must give defense counsel the opportunity to thoroughly examine all potential jurors during individual
voir dire. See Commonwealth v. Graver,
It is well settled that “whenever a juror’s views on capital punishment would prevent or substantially impair the performance of his duties as a juror in acсordance with his instructions and his oath, he is properly excluded from the jury.”
Commonwealth v. Lark,
Counsel were then permitted to conduct sequestered individual voir dire of all 75 venirepersons regarding affirmative responses they may have made to general questions, or notations made on a prospective juror’s information questionnaire that called into question their beliefs regarding the death *621 penalty. Despite the court’s ruling to the contrary, defense counsel were also permitted to individually voir dire some potential jurors regarding the death penalty and other life qualification questions, even though they did not respond affirmatively to the court’s general life qualification questions. Although defense counsel was permitted to individually voir dire some potential jurors regarding life qualification, the manner in which individual voir dire was conducted, as a whole, does not comport with the requirements of Pa. R.Crim.P. 631(E). Defense counsel was not permitted to individually question all prospective jurors regarding the death penalty, notwithstanding whether they responded affirmatively to the life qualification questions posed by the court during general voir dire.
Such limitation of individual voir dire deprived trial counsel the opportunity to individually life qualify every venireperson to uncover bias or prejudice, and to exclude prospective jurors who had a fixed opinion and were unwilling to follow the law. In capital cases, the right to individual voir dire is mandatory, not discretionary, and cannot be limited in the interest of judicial economy.
The inadequacy of
voir dire
in this case requires that appellant’s death sentence be vacated. It is not necessary, however, that he be retried on the issue of guilt.
See, e.g., Turner v. Murray,
Appellant next argues the trial court abused its discretion by continuing jury selection three hours and 45 minutes after counsel’s request to recess for the evening. The scope of
voir dire
is within the discretion of the trial court.
Commonwealth v. Marrero,
Finally, appellant contends the trial court erred in denying his motion for a mistrial following a sidebar disсussion, outside of the jury’s hearing range, regarding defense counsel’s method of cross-examining Tamika. Appellant asserts that during sidebar, the court’s admonition of defense counsel in front of the jury prejudiced him and hampered his credibility. The relevant portion of the sidebar conference is as follows:
THE COURT: Can I see counsel at sidebar?
* * ‡
THE COURT: You bettеr have a basis for your questions before you continue with this line of questioning. It’s out of order and I don’t appreciate it.
[COUNSEL]: I’d like to take my time asking questions, Your Honor. This is a death penalty case.
*623 THE COURT: In all fairness, you have been on cross-examination for 45 minutes. You don’t have to take a pause of one to twо to three minutes between each question. If you don’t know what you are going to ask at this point, that is your problem.
[COUNSEL]: I do know what I’m asking. I’m prepared. THE COURT: Well, then ask.
N.T., 10/18/00, at 645-46.
The decision to grant or deny a motion for mistrial is within the sound discretion of the trial court.
Commonwealth v. Hawkins,
Having reviewed the record, we conclude the trial court did not abuse its discretion when it questioned appellant’s counsel during sidebar about the long pauses between questions. The trial court exercised reasonable control over the mode of interrogation, in accordаnce with Pa.R.E. 611(a)(2), when it cautioned defense counsel against needless prolonged pauses during cross-examination. Furthermore, the sidebar conference was “out of the hearing distance of the jury by approximately thirty ... feet.” Trial Court Opinion, 1/3/01, at 9. Accordingly, the trial court did not err in denying appellant’s mоtion for a mistrial.
We affirm the verdict of guilt as to first degree murder. As to the sentence of death, we vacate the sentence and remand for a new penalty hearing. Jurisdiction relinquished.
Notes
. Regardless of whether appellant or one of his co-conspirators fired the fatal shot, the evidence was sufficiеnt to convict him of first degree murder, since all co-conspirators to the murder can be found guilty of first degree murder regardless of who actually inflicted the wound resulting in death.
Commonwealth v. Bronshtein,
. "Life qualification” refers to the process by which counsel or the court identifies and excludes prospective jurors who have a fixеd opinion that a sentence of death should always be imposed for a conviction of first degree murder.
Commonwealth v. Keaton,
. Former Pa.R.Crim.P. 1106(E).
. The court’s general questions regarding the imposition of the death penalty, as well as life qualification, were:
As has been indicated, Mr. Boxley has been charged with the offense of murder. In the event thе jury in this trial returns the verdict of guilty of murder in the first degree, it will then be required to determine whether the death penalty should be imposed or whether Mr. Boxley should be sentenced to life in prison.
Does anyone have any moral, religious or ethical beliefs, which would prevent them from considering the imposition of the death penalty, if so, please rise?
Now, only if the jury would convict Mr. Richard Boxley of murder of the first degree would you automatically sentence him to death, if so, please rise?
Assuming a proper case for life imprisonment was made out, do you have any moral, religious or ethical beliefs that would prevent you from imposing a sentence of life imprisonment, if so, please rise? And, again, only if the jury would convict Mr. Richard Boxley of murder in the first degree, would you automatically sentence him to life without parole, if so, please rise?
N.T., 10/16/00, at 25-27 (emphasis added).