Com. v. Chapman

• Decision Date: 30 November 2000
• Parties: COMMONWEALTH of Pennsylvania, Appellant, v. Tamira Marie CHAPMAN, Appellee.
• Court: Pennsylvania Superior Court

763 A.2d 895

COMMONWEALTH of Pennsylvania, Appellant, v. Tamira Marie CHAPMAN, Appellee.

Superior Court of Pennsylvania.

Argued October 18, 2000.

Filed November 30, 2000.

Michelle Olshefski, Asst. Dist. Atty., Wilkes-Barre, for Com., appellant.

William Ruzzo, Asst. Public Defender, Wilkes-Barre, for appellee.

BEFORE: POPOVICH, FORD ELLIOTT and BROSKY, JJ.

BROSKY, J.

¶ 1 This is an appeal from the order entered by the Court of Common Pleas of Luzerne County, on November 16, 1999, precluding the admission of certain evidence of prior bad acts, proffered by the Appellant, Commonwealth in the prosecution of Appellee, Tamira Marie Chapman. We affirm in part, reverse in part and remand for further proceedings.

¶ 2 Tragically, in the early morning hours of February 14, 1999, Chapman's two-year-old daughter, Dominique Thomas, drowned in a bathtub. Chapman had left her child in the care of an acquaintance, Joseph Tice.¹ Following an investigation, Tice and Chapman were each charged with involuntary manslaughter, recklessly endangering another person, and endangering the welfare of children.²

¶ 3 Prior to Chapman's trial, the Commonwealth gave notice of its intent to introduce evidence of other crimes, wrongs or acts committed by Chapman, under Pa. R.E. 404(b), to which Chapman objected. The Commonwealth intended to introduce evidence that Chapman had continuously and repeatedly placed her daughter in the care of unapproved and inappropriate caretakers, in violation of a prior court order requiring court approval of such caretakers; that Chapman abused drugs and alcohol; that Chapman refused to cooperate with a parenting program arranged by Luzerne County Children and Youth Services; that Chapman maintained contact with a man named Darius Pedlar despite his history of violent and abusive behavior toward her and the existence of a prior Protection from Abuse Order against him; that Chapman previously had left her children in the care of Tice; that Chapman believed that Tice was "no good," and that she believed that Children and Youth Services had found him to be an unfit parent and had taken custody of his children away from him; that Chapman had previously paid Tice for his babysitting services with marijuana instead of money; and that Tice had in the past smoked marijuana in the presence of Chapman's children. The Commonwealth alleged further that all of this evidence was proffered to establish Chapman's intent and her state of mind, as proof that her actions were reckless and/or grossly negligent. Appellant's Brief at 5-6.

¶ 4 A hearing was held by the trial court, the Honorable Ann H. Lokuta presiding, on September 27, 1999. Subsequently, on November 16, 1999 the court issued an order and opinion sustaining Chapman's objections to all of the proffered evidence. The Commonwealth certified that the order terminated or substantially handicapped the prosecution,³ and the Commonwealth filed the instant timely appeal.

¶ 5 The Commonwealth raises one issue on appeal, namely whether the trial court abused its discretion in excluding the Commonwealth's proffered evidence of Chapman's prior bad acts, where that evidence is offered to show Chapman's intent. Appellant's Brief at 4.

¶ 6 Pa.R.E. 404(b), adopted May 8, 1998, effective October 1, 1998 provides:

(b) Other Crimes, Wrongs, or Acts

(1) Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith.

(2) Evidence of other crimes, wrongs, or acts may be admitted for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident.

(3) Evidence of other crimes, wrongs, or acts proffered under subsection (b)(2) of this rule may be admitted in a criminal case only upon a showing that the probative value of the evidence outweighs its potential for prejudice.

(4) In criminal cases, the prosecution shall provide reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of any such evidence it intends to introduce at trial.

¶ 7 Prior to the adoption of the Pennsylvania Rules of Evidence these principles were embodied in our decisional law.

Evidence of prior bad acts are generally not admissible if offered merely to show bad character or a propensity for committing bad acts. Exceptions to this general proscription exist in special circumstances where the evidence is relevant for some other legitimate purpose and not merely designed to prejudice the defendant by showing him to be a person of bad character.

Commonwealth v. Richter, 551 Pa. 507, 512, 711 A.2d 464, 466 (1998)(citing Commonwealth

v. Simmons, 541 Pa. 211, 240, 662 A.2d 621, 635 (1995) cert. denied, Simmons v. Pennsylvania, 516 U.S. 1128, 116 S.Ct. 945, 133 L.Ed.2d 870 (1996)).⁴ "Evidence is relevant if it logically tends to establish a material fact in the case, tends to make a fact at issue more or less probable, or supports a reasonable inference or presumption regarding the existence of a material fact." Commonwealth v. Minerd, 562 Pa. 46, 54-56, 753 A.2d 225, 230 (2000) (citations omitted).

¶ 8 We next examine the elements of the crimes Chapman is accused of committing. First, Chapman is charged with involuntary manslaughter, 18 Pa.C.S.A. § 2504, which states that:

(a) General rule.—A person is guilty of involuntary manslaughter when as a direct result of the doing of an unlawful act in a reckless or grossly negligent manner, or the doing of a lawful act in a reckless or grossly negligent manner, he causes the death of another person.

(b) Grading.—Involuntary manslaughter is a misdemeanor of the first degree. Where the victim is under 12 years of age and is in the care, custody or control of the person who caused the death, involuntary manslaughter is a felony of the second degree.

¶ 9 Thus, the Commonwealth must prove that Chapman acted in a reckless or grossly negligent manner which conduct was directly and substantially linked to the victim's death. Commonwealth v. Moyer, 436 Pa.Super. 442, 648 A.2d 42 (1994).

In order to sustain a charge of involuntary manslaughter, the Commonwealth must show that the appellant's conduct was directly and substantially linked to the victim's death. Commonwealth v. Long, 624 A.2d 200 (Pa.Super.1993). We have determined that in order to sustain a conviction for involuntary manslaughter, a defendant's conduct must be the antecedent but-for which the result in question would not have occurred. Id. Specifically, it would be unfair to hold an individual responsible for the death of another if his actions are remote or attenuated and the victim's death was attributable to other factors. Id.

Moyer, 648 A.2d at 46.⁵

¶ 10 Next Chapman is charged with recklessly endangering another person in violation of 18 Pa.C.S.A. § 2705, which provides that a person commits a misdemeanor of the second degree if he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury. "The mens rea required for this crime is a conscious disregard of a known risk of death or great bodily harm to another person. Acts of commission or omission by parents towards their children may create a substantial risk of death or great bodily injury." Commonwealth v. Cottam, 420 Pa.Super. 311, 342-44, 616 A.2d 988, 1004 (1992),appeal denied, 535 Pa. 673, 636 A.2d 632 (1993) (citations omitted).

¶ 11 Acting recklessly and negligently, are defined by 18 Pa.C.S.A. § 302(b)(3) and (4), respectively, as follows:

(3) A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and intent of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor's situation.

(4) A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and intent of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.

¶ 12 Finally, Chapman is charged with endangering the welfare of children under 18 Pa.C.S.A. § 4304, which is defined as follows:

(a) Offense defined.—A parent, guardian, or other person supervising the welfare of a child under 18 years of age commits an offense if he knowingly endangers the welfare of the child by violating a duty of care, protection or support.

(b) Grading.—An offense under this section constitutes a misdemeanor of the first degree. However, where there is a course of conduct of endangering the welfare of a child, the offense constitutes a felony of the third degree.

¶ 13 Commonwealth v. Pahel, 456 Pa.Super. 159, 689 A.2d 963 (1997) instructs that:

To establish a violation of Section 4304 requires proof that: 1) the accused is aware of his/her duty to protect the child; 2) the accused is aware that the child is in circumstances that could threaten the child's physical or psychological welfare; and 3) the accused has either failed to act or has taken action so lame or meager that such actions cannot reasonably be expected to protect the child's welfare. Commonwealth v. Cardwell, 515 A.2d 311, 315 (Pa.Super.1986).

Pahel, 689 A.2d at 964. "The mens rea required for this crime is a knowing violation of a duty of care." Cottam, 616 A.2d at 1005 (citation omitted). ¶ 14 In Commonwealth v. Miller, 411 Pa.Super. 33, 600 A.2d 988 (1992) in evaluating...