177 Pa. Super. 141 | Pa. Super. Ct. | 1955
Opinion by
These appeals involve eight defendants, inmates of the Rockview Prison Farm, Western State' Penitentiary, Centre County, Pennsylvania, who were indicted, tried, and convicted for the offense of riot in the Court of Quarter Sessions of Centre County. The crime was allegedly committed by these eight defendants, and other inmates, at Rockview between January 19 and 22, 1953. Upon motion of the Commonwealth fifteen of thirty defendants indicted were tried together. These fifteen defendants, including the eight appellants, were all convicted, and each was sentenced to a term of not less than one and one-half years nor more than three years to be computed from the expiration of sentence that each defendant was serving as an inmate of the penitentiary on January 19, 1953.
Appellants concede, as they must, that the events which took place at Rockview between January 19 and 22, 1953, would make the participants therein guilty of riot in any place other than a prison. The Commonwealth by its evidence in these cases established the presence of a general disturbance, and then attempted to show the participation of each of the defendants therein. Approximately 775 prisoners were confined at Rockview in three different buildings or blocks. Block A was U-shaped and consisted of an east and west wing. There were about 175 prisoners in the east wing, and 125 in the west wing of Block A; 200 were in Block B; and about 200 were in Block C. The disturbance started about 5:45 p.m. on Monday, January, 19, 1953, and continued until the inmates of Block A finally surrendered about 7 p.m. the evening of Thursday, January 22d. Soon after 5:45 p.m. on January 19th, the inmates seized six guards, disarmed them and held them in cells as hostages. Thereafter all Blocks, A, B, and C, passed into control of the inmates. All exits and entrances were locked and barricaded. The institution was in a virtual state'of siege with the in
Appellants assert that they were involuntarily present in the penitentiary and that the Commonwealth failed to show an unlawful assembly as a necessary element of the crime of riot. Their compulsory presence in the institution prior to the disturbance in no
Further, although the disturbance took place within the walls and on the grounds of a penitentiary, there was abundant evidence of tumultuous disturbance of the peace by the commission of unlawful acts which tended to alarm and terrify law-abiding citizens engaged in the peaceful exercise of their constitutional rights and privileges. Guards were seized as hostages; the entire institution was taken out of the hands of the officials. Citizens of the Commonwealth were subjected to the terror and fear of a mass prison break.
A review of the Commonwealth’s evidence discloses definite participation in the riot by these eight appellants.
William Holland was identified as one carrying a revolver in his belt on January 19, 20, 21, and 22, 1953. So armed, Holland walked among the inmates and exercised authority over them; in doing so he Avas at times one of a group. On one occasion Holland ordered an inmate away from the cell where one of the guards was confined as a hostage. Another inmate corroborated the fact that Holland carried a gun in his belt during the days of the riot. Holland admitted taking food from the cellar and distributing it for consump
Carroll G. Kneisley took part in the destruction of property in Block C. He was identified as one of five who broke down the door to the chaplain’s office, tore out the lumber and furniture and piled it in front of the building. A few minutes later the chaplain’s office was fired. About four o’clock on the afternoon of January 20 th, Kneisley, with another inmate, went in the sheet room over the laundry and deliberately set fire to the sheets. Later the same day Kneisley and several others destroyed everything in the cell of another inmate who had been removed from Block C. Kneisley was also observed with two companions knocking off door knobs on the E range and breaking out skylights near the chaplain’s office.
Robert W. Hamm was identified as having participated with Kneisley in breaking down the door to the chaplain’s office, in destroying the contents and in setting it on fire. Hamm joined Kneisley and others in knocking out skylights and breaking off door knobs.
James H. Clowe was an inmate of Block B. It was established that Clowe acted as leader of the colored inmates and a Bob Hawkes of the white. About 8 p.m. the evening of January 19th, Clowe and a group of about thirty inmates were assembled on a landing in Block B. Clowe was heard arguing with Hawkes, stating that he favored burning everything in Block B. Clowe exhorted a group of inmates, armed with razors, baseball bats and other improvised weapons, to make an assault upon the State Police, stating: “They ain’t nothing but a bunch of sissies.” Clowe threatened with a razor an inmate who favored surrender. He was also seen to carry a barber chair out of the shop and throw it on a pile of debris at the entrance to Block B. An
An inmate saw John Zwierzelewski, with others, remove mattresses from the supply room and pile them at the main entrance to Block B where a fire occurred. Another observed Zwierzelewski break open the cupboard door of the supply room in Block B by using a bar or baseball bat. Zwierzelewski walked around Block B, January 19th to January 21st, carrying a strap with a padlock fastened on the end, and he was seen to break some of the windows in Block B.
An inmate who read a list of grievances to the assembled inmates in Block A testified appellant Kenneth W. Harris carried a shotgun which Harris used to prevent inmates from leaving the cell block at the beginning of the riot. At the inception of the disturbance Harris, standing downstairs with a group of inmates, shouted to others: “Come on down here. . . . Everybody’s in on this; this is it.” Later Harris informed an inmate he had been locked in his cell because the inmate “was a cop at heart” and “brought some of the boys to the penitentiary.” Harris went about during the riot, armed with a wooden club, giving orders.
About seven o’clock the evening of January 20th the appellant Vernon Masterson came to the cell of one of the inmates of Block A and threatened him. Masterson acted as spokesman for the inmates in Block A. Three of the hostage guards were taken from one area to the front of the west wing of Block A where Masterson, standing on the roof of a guard enclosure, about 3 p.m. on January 21st, read a list of grievances
Donald L. Ray was one of three inmates of the east wing of Block A who took by force a .38 caliber revolver from a guard when the riot started. Ray took the disarmed guard downstairs at gun point where, with other hostage guards, he was locked in a cell and held in various locations until seven o’clock, Thursday evening, January 22d. Ray was seen by other inmates, during the period of the riot, near the office carrying a revolver in his hip pocket or under his belt. Testifying in his own behalf, Ray denied taking a gun from a guard or participating in the disturbance, although he did admit that he joined the crowd and took canned food from the cellar of Block A.
Each of the eight appellants was shown to have actively participated with two or more persons in this tumultuous disturbance of the peace and destruction of public property which was in law and in fact a riot. The evidence of participation of each appellant is ample to support his conviction. In so far as each appellant denied participation, his credibility was for the jury.
Appellants claim they were deprived of a fair trial by reason of the court’s granting the Commonwealth’s motion for consolidation for trial of the indictments against fifteen of the thirty defendants. They argue that the voluminous evidence produced (860 typewritten pages) was not relevant and material as to each of the appellants, was therefore prejudicial, and deprived each of a fair trial.
The consolidation of indictments for trial is a matter for the trial court to determine in the exercise of
The Commonwealth’s evidence was sufficient to establish concerted action and singleness of purpose among the inmates, including appellants. Evidence of acts done in furtherance of the common design was admissible against all participants. Com. v. Merrick, su
The trial court made it very clear to the jury that appellants were not to be found guilty because of their mere presence in the penitentiary at the scene of the disturbance, but must be found, on legal and substantial evidence, to have actively participated therein. The charge to the jury by President Judge Walker was complete and comprehensive, and it has not been questioned on these appeals. As we have said, the Commonwealth established the offense of riot and the identity and the participation of each appellant. Even if, as argued for appellants, other charges could have been made against them for their unlawful conduct, the charge of riot was not thereby precluded. Under the facts and circumstances, indictments and convictions for riot were permissible and proper. The right of ap
Judgment of sentence is affirmed as to each appellant as follows:
John Zwierzelewski No. 42, October Term, 1954
Carroll G. Kneisley No. 43, October Term, 1954
Donald L. Ray No. 44, October Term, 1954
James H. Clowe No. 45, October Term, 1954
Vernon Masterson No. 46, October Term, 1954
Kenneth W. Harris No. 47, October Term, 1954
William Holland No. 48, October Term, 1954
Robert W. Hamm No. 49, October Term, 1954