Com. v. Carter

• Decision Date: 10 August 1994
• Citation: 643 A.2d 61,537 Pa. 233
• Parties: COMMONWEALTH of Pennsylvania, Appellee, v. Darryl John CARTER, Appellant.
• Court: Pennsylvania Supreme Court

Page 61

643 A.2d 61

537 Pa. 233

COMMONWEALTH of Pennsylvania, Appellee, v. Darryl John CARTER, Appellant.

Supreme Court of Pennsylvania.

Argued May 5, 1993.

Decided April 8, 1994.

Reargument Denied Aug. 10, 1994.

[537 Pa. 243] Thomas G. Parisi, Reading, for appellant.

Mark Baldwin, Dist. Atty., Narcy L. Hughes, Asst. Dist. Atty., Carolyn Daringer, Reading, for appellee.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY and MONTEMURO, JJ.

OPINION

MONTEMURO, Justice.

Appellant Darryl Carter was convicted by a jury of two counts of murder in the first degree for which he received a sentence of life imprisonment and a sentence of death respectively. This direct appeal followed pursuant to 42 Pa.C.S.A. § 9711(h) and Pa.R.A.P.1941.

Although appellant does not challenge the sufficiency of the evidence, in all capital cases we are required to determine whether the quantity of evidence presented was sufficient to sustain the conviction. Commonwealth v. Zettlemoyer, 500 Pa. 16, 26 n. 3, 454 A.2d 937, 942 (1982), cert. denied, 461 U.S. 970, 103 S.Ct. 2444, 77 L.Ed.2d 1327 (1983). In undertaking such a review, we are required to examine all of the evidence, and all reasonable inferences therefrom in a light most favorable to the Commonwealth as verdict winner, and to determine whether there is sufficient evidence to enable the jury to find every element of the crime beyond a reasonable doubt. Commonwealth v. Bryant, 524 Pa. 564, 567, 574 A.2d 590, 592 (1990).

Under Pennsylvania law, first degree murder is an intentional killing. See 18 Pa.C.S.A. § 2502(a) ¹. As defined by common law, first degree murder is accompanied by a specific intent to kill and deliberation or premeditation. Commonwealth v. Garcia, 505 Pa. 304, 479 A.2d 473 (1984). The requirements of premeditation and deliberation are met whenever there is a conscious purpose to bring about death. Commonwealth v. O'Searo, 466 Pa. 224, 352 A.2d 30 (1976).

Drawing all inferences favorable to the Commonwealth, we find that the evidence presented at trial was sufficient for the jury to conclude beyond a reasonable doubt that the appellant murdered both Miller and Brightbill.

On March 7, 1987, appellant and Jonathan Bortz were at the residence of Rodrigue Miller using illegal drugs. (N.T. 7/11-15/88 V.II pp. 534-39). Appellant and Bortz left Miller's residence and returned to Bortz' apartment. Id. at 548. Later, Bortz contacted Miller to see if he could obtain any drugs; Miller told Bortz he had no more drugs. Id. at 549.

Appellant and Bortz had planned to "set up" Miller and steal any drugs found in Miller's possession. Id. at 550. With this plan in mind, appellant continued to contact Miller who finally agreed to give appellant a ride to a place where the appellant could obtain drugs. Id.

Miller picked up appellant and Bortz and took them to a trailer where the appellant arranged with the trailer's occupant to make a drug transaction near a specified dam. Id. at 552. Miller then drove appellant and Bortz to the dam. Miller and the appellant were in the front seat; Bortz was in the rear seat. Id. at 553. After parking for several minutes, appellant shot Miller in the neck. Id. at 552. Appellant and Bortz then placed Miller's body in the trunk of the automobile. Id. at 555. Appellant and Bortz drove to appellant's home, and changed clothes. They then purchased some gloves and wiped down the car to remove fingerprints. Id. at 562. Bortz reloaded the gun. Id. at 565-71. The two then bought beer and drove aimlessly until they finally stopped on Skyline Drive in Reading. Id.

At approximately 3:00 a.m. on March 8, 1987, appellant and Bortz parked next to a car occupied by Juaniata Anderson and Glen Brightbill. Id. at 571. The two men approached the car, and ordered its occupants out. Id. at 369. When Brightbill asked why they were being ordered get out of the car, appellant and Bortz responded that they were police officers. Id. at 370. Brightbill, refusing to comply, moved back into the driver's seat and started the car when appellant opened fire wounding both occupants, Anderson seriously and Brightbill fatally. Id. at 371-72. After discharging all of his bullets, appellant reached into the car and began striking Brightbill in the head until Brightbill lost consciousness. Id. at 372. Anderson then climbed on Brightbill's lap and attempted to drive to safety; however, Anderson lost control and the car crashed. Id. at 375. Although Anderson survived the attack, Brightbill later died of his injuries. Id. at 421.

We find this evidence sufficient to support a conviction of first degree murder. The record reflects that the appellant had a conscious purpose to bring about death in the killing of both Miller and Brightbill.

Appellant contends that he was illegally arrested when the police entered his home without a warrant and brought him to Reading City Hall for questioning. Appellant further contends that his conviction should be reversed because of this illegal arrest.

The Pennsylvania State Police went to appellant's trailer for the purpose of questioning him about the murders committed on Skyline Drive. After knocking on the door of appellant's trailer and announcing their presence, the police heard movement at the door and saw a figure in the window. The police continued to knock for approximately two minutes before the door was opened by appellant's girlfriend, Cindy Staver, who permitted police to enter the premises to search for appellant. Three officers entered, while three remained outside. Inside the trailer, the officers forced open a locked closet door and found appellant, who explained that he was "tripping". The police drew their guns, removed appellant from the closet, and placed him in handcuffs. After consenting to accompany police to City Hall and being given Miranda warnings, appellant admitted to drinking and ingesting drugs the previous evening with Miller and Bortz. Appellant asked if Miller had overdosed on drugs, to which police responded that Miller had been murdered. Appellant told police that if he was a suspect in the murder, he wanted an attorney. He was informed that he could call an attorney, at which time appellant became ill and was taken to the hospital.

First, we agree with the appellant that he was arrested in his trailer by the police. An arrest is accomplished by any act that indicates an intention to take the individual into custody and subjects him to the actual control and will of the person making the arrest. Commonwealth v. Farley, 468 Pa. 487, 364 A.2d 299 (1976); Commonwealth v. Bosurgi, 411 Pa. 56, 190 A.2d 304, cert. denied, 375 U.S. 910, 84 S.Ct. 204, 11 L.Ed.2d 149 (1963). When a person is actually restrained of his freedom by the police and taken into custody, an arrest has occurred. Farley, 468 Pa. at 495, 364 A.2d at 302. Whether an arrest has been made is viewed in light of the reasonable impression conveyed to the person subjected to the seizure rather than in terms of the subjective views of the police officer making the arrest. Commonwealth v. Holmes, 482 Pa. 97, 393 A.2d 397 (1978); Commonwealth v. Benson, 280 Pa.Super. 20, 421 A.2d 383 (1980).

In the instant case, Pennsylvania State Police officers entered the appellants home with their guns drawn. They ordered the appellant out of the closet. When he refused, they attempted to open the closet door by force. After the door opened, the officers immediately placed the defendant in handcuffs. The officers then took the appellant to City Hall for questioning. We find that, under the facts of this case, once the police entered the appellant's home and placed him in handcuffs, he was under the actual control of the police. At that point, the appellant was actually restrained of his freedom by the police and firmly in police custody. ² We also find that it was reasonable for the appellant, in handcuffs and physically held by officers with guns drawn, to believe that he was under arrest and had to accompany the police to City Hall for questioning. Although the officers believed that the appellant was free to decline to accompany them to City Hall, the subjective views of the police are not controlling. See Holmes 482 Pa. at 110-111, 393 A.2d at 403.

It is well settled that absent exigent circumstances, an arrest warrant supported by probable cause is required to arrest an individual in his home. Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980). Having found an arrest, the defendant urges us to apply the test this court set forth in Commonwealth v. Williams, 483 Pa. 293, 396 A.2d 1177 (1979), cert. denied, 446 U.S. 912, 100 S.Ct. 1843, 64 L.Ed.2d 266 (1980) to find that no exigent circumstances existed and, therefore, to conclude this warrantless arrest was illegal. ³ We decline to engage in the Williams analysis to determine whether the police validly arrested the appellant in his home without a warrant because, even assuming arguendo that the arrest of the appellant was illegal, the appellant is not entitled to the remedy he is requesting. The remedy for a violation of the Fourth Amendment is exclusion of all evidence that is the fruit of that violation. See Mapp v. Ohio, 367 U.S. 643, 655, 81 S.Ct. 1684, 1691, 6 L.Ed.2d 1081 (1961) ("We hold that all evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, inadmissible in a state court.") However, an illegal arrest is not a bar to subsequent prosecution nor a defense to a valid conviction. United States v. Crews, 445 U.S. 463, 100 S.Ct. 1244, 63 L.Ed.2d 537 (1980). This court has held that "the mere fact that the arrest of an accused person is unlawful is of itself no bar to a prosecution as a subsequent indictment." Commonwealth v. Krall, 452 Pa. 215, 219, 304 A.2d 488, 490 (1973).

In the present situation, the appellant asks us to reverse his conviction because his arrest was illegal. Clearly he is not entitled to...