Com. v. Sattazahn

• Decision Date: 06 October 1993
• Citation: 631 A.2d 597,428 Pa.Super. 413
• Parties: COMMONWEALTH of Pennsylvania, Appellee, v. David Allen SATTAZAHN, Appellant.
• Court: Pennsylvania Superior Court

Page 597

631 A.2d 597

428 Pa.Super. 413

COMMONWEALTH of Pennsylvania, Appellee, v. David Allen SATTAZAHN, Appellant.

Superior Court of Pennsylvania.

Submitted Sept. 11, 1992.

Filed July 30, 1993.

Reargument Denied Oct. 6, 1993.

John Elder, Reading, for appellant.

Carolyn Lanzillo, Asst. Dist. Atty., Reading, for Com., appellee.

Before ROWLEY, President Judge, and WIEAND and HUDOCK, JJ.

PER CURIAM:

David Allen Sattazahn was tried by jury and was found guilty of murder of the first degree, robbery, aggravated assault (two counts), possession of an instrument of crime, carrying a firearm without a license, and several conspiracies in connection with the robbing and killing of the manager of a family restaurant in Berks County. ¹ Post-trial motions were denied, and Appellant was sentenced to life imprisonment for first degree murder. He was also sentenced to serve consecutive terms of imprisonment of not less than five (5) years nor more than ten (10) years for robbery, not less than five (5) years nor more than ten (10) years for conspiracy to commit robbery, not less than one (1) year nor more than two (2) years for possessing instruments of crime, and not less than one (1) year nor more than two (2) years for carrying a firearm without a license. ² On direct appeal from the judgment of sentence, Appellant argues that there was insufficient evidence to sustain his convictions for first degree murder, conspiracy to commit third degree murder, conspiracy to commit aggravated assault and carrying a firearm without a license. He contends also that a new trial should be granted because of (1) prosecutorial misconduct; (2) improper evidence pertaining to the Commonwealth's plea agreement with Appellant's co-conspirator; and (3) erroneous jury instructions.

In evaluating a challenge to the sufficiency of the evidence, we view the evidence in the light most favorable to the Commonwealth, which has won the verdict. We then determine whether the evidence is sufficient to permit a jury to determine that each and every element of the crimes charged was established beyond a reasonable doubt. See Commonwealth v. Smith, 523 Pa. 577, 581, 568 A.2d 600, 602 (1989); Commonwealth v. Hardcastle, 519 Pa. 236, 246, 546 A.2d 1101, 1105 (1988), cert. denied, 493 U.S. 1093, 110 S.Ct. 1169, 107 L.Ed.2d 1072 (1990). It is the function of the jury to pass upon the credibility of the witnesses and to determine the weight to be accorded the evidence produced. The jury is free to believe all, part or none of the evidence introduced at trial. See Commonwealth v. Rose, 463 Pa. 264, 268, 344 A.2d 824, 826 (1975); Commonwealth v. Verdekal, 351 Pa.Super. 412, 419-420, 506 A.2d 415, 419 (1986). The facts and circumstances established at trial "need not be absolutely incompatible with [the] defendant's innocence, but the question of any doubt is for the jury unless the evidence 'be so weak and inconclusive that as a matter of law no probability of fact can be drawn from the combined circumstances.' " Commonwealth v. Sullivan, 472 Pa. 129, 150, 371 A.2d 468, 478 (1977), (quoting Commonwealth v. Libonati, 346 Pa. 504, 508, 31 A.2d 95, 97 (1943)).

The evidence at Appellant's trial established that on Palm Sunday, April 12, 1987, at or about 11:00 p.m., Richard Boyer, the manager of the Heidelberg Family Restaurant, had closed the restaurant and was walking to his car, carrying the day's receipts in a bank deposit bag, when Appellant and Jeffrey Scott Hammer emerged from a wooded area behind the restaurant, where they had been lying in wait, and demanded that Boyer surrender the bank deposit bag. Boyer initially raised his hands and attempted to throw the bag in the direction of the restaurant building. Appellant then told Boyer to retrieve the bag and to bring it to him. In response to Appellant's demand, Boyer walked over and retrieved the bag. However, he again threw the bag in the direction of the restaurant and began to run away. When Boyer fled, both Appellant and Hammer fired their guns in his direction. Hammer, who was carrying a .41 caliber Magnum revolver, fired once over Boyer's head. Appellant, however, fired his .22 caliber Ruger, semi-automatic pistol five times, striking Boyer twice in the lower back and once in the left shoulder, the lower portion of his face and the back of the head. Appellant retrieved the bank deposit bag, and he and Hammer fled the scene. Boyer's body was discovered early the next morning by a waitress when she arrived for work. He had died as a result of gunshot wounds.

More than two years later, on July 12, 1989, while being questioned by police, Jeffrey Hammer gave a statement which implicated himself and Appellant in the robbery and shooting of Richard Boyer. According to Hammer, he and Appellant had been planning the robbery for sometime and had, on four or five weekends prior to the robbery, gone to the restaurant to observe the movements of the manager. On the night of the robbery, Hammer and Appellant went to an abandoned factory, where they had been storing guns, and then drove on railroad tracks in a 3-wheeler, all terrain vehicle to a location near the restaurant. Hammer told police that when he fired at Richard Boyer, he intended to shoot over Boyer's head as a warning. Hammer said that his and Appellant's plan had been only to commit a robbery and that they had not intended to commit a murder. After the robbery and shooting of Boyer, Hammer said, he and Appellant had run to their vehicle and returned to the abandoned factory via the railroad tracks. Along the way, they lost the black duffel bag in which they had placed their guns. The bag, which was lying along the railroad tracks in the vicinity of the abandoned factory, was subsequently found by two brothers. The guns were turned over to police on July 13, 1989, after the police had conducted a search of the factory based upon information provided to them by Jeffrey Hammer. The .22 caliber gun used to kill Boyer had been purchased by Appellant and had been registered in his name.

To prove murder of the first degree, it was necessary for the Commonwealth to prove that Appellant willfully, deliberately, and with premeditation had killed Richard Boyer. See Commonwealth v. McNair, 529 Pa. 368, 373, 603 A.2d 1014, 1017 (1992); Commonwealth v. Lee, 401 Pa.Super. 591, 602, 585 A.2d 1084, 1089 (1991). "A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing." 18 Pa.C.S. § 2502(a). See Commonwealth v. Chester, 526 Pa. 578, 589, 587 A.2d 1367, 1372 (1991), cert. denied, 502 U.S. 849, and ----, 112 S.Ct. 152 and 422, 116 L.Ed.2d 117 and 442 (1992); Commonwealth v. Carbone, 524 Pa. 551, 560, 574 A.2d 584, 588 (1990). It is the element of a specific intent to kill which distinguishes first degree murder from all other grades of homicide. See Commonwealth v. Holzer, 480 Pa. 93, 98, 389 A.2d 101, 104 (1978); Commonwealth v. Moore, 473 Pa. 169, 174, 373 A.2d 1101, 1104 (1977).

The case law in Pennsylvania has "consistently held that the requirement of premeditation and deliberation is met whenever there is a conscious purpose to bring about death." Commonwealth v. O'Searo, 466 Pa. 224, 239-240, 352 A.2d 30, 37 (1976). See Commonwealth v. Jones, 355 Pa. 522, 525-526, 50 A.2d 317, 319 (1947). The cases further hold that the specific intent to kill "can be formulated in a fraction of a second." Commonwealth v. O'Searo, supra 466 Pa. at 240, 352 A.2d at 37-38 (footnote omitted). See also Commonwealth v. Thornton, 494 Pa. 260, 267, 431 A.2d 248, 252 (1981); Commonwealth v. Chimenti, 362 Pa.Super. 350, 383, 524 A.2d 913, 929 (1987). A specific intent to kill can be inferred from the circumstances surrounding an unlawful killing. See Commonwealth v. Bundy, 458 Pa. 240, 244, 328 A.2d 517, 519 (1974); Commonwealth v. Jones, 391 Pa.Super. 292, 305, 570 A.2d 1338, 1345 (1990). Because a person generally intends the consequences of his act, a specific intent to kill may be inferred from the fact that the accused used a deadly weapon to inflict injury to a vital part of the victim's body. Commonwealth v. O'Searo, supra 466 Pa. at 236-239, 352 A.2d at 36-37. See also Commonwealth v. McCullum, 529 Pa. 117, 137, 602 A.2d 313, 323 (1992); Commonwealth v. Duffey, 519 Pa. 348, 357, 548 A.2d 1178, 1182 (1988); Commonwealth v. Terry, 513 Pa. 381, 409, 521 A.2d 398, 412 (1987), cert. denied, 482 U.S. 920, 107 S.Ct. 3198, 96 L.Ed.2d 685 (1987); Commonwealth v. Bishop, 489 Pa. 96, 106, 413 A.2d 1031, 1035-1036 (1980).

Instantly, the evidence suggests that, during the course of committing a robbery, Appellant became irritated when the victim failed to comply with his directions. When the victim also attempted to flee, Appellant fired five gunshots into vital areas of the victim's body, causing death. Although Appellant may initially have intended only to rob the victim, his subsequent actions, when the victim failed to cooperate, were of a type sufficient to permit an inference that Appellant had formed an intent to kill his victim and had acted upon that intention, thereby causing the victim's demise. As such, Appellant's conviction for a willful and deliberate killing was supported by competent evidence.

We are constrained to agree, however, that the Commonwealth failed to prove Appellant's guilt of conspiring to commit the crimes of third degree murder and aggravated assault. The crime of criminal conspiracy is defined by statute as follows:

(a) Definition of conspiracy.--A person is guilty of conspiracy with another person or persons to commit a crime if with the intent of promoting or facilitating its commission he:

(1) agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or

(2) agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or...