Commonwealth of Pa. v. Charleston

• Decision Date: 14 April 2011
• Citation: 16 A.3d 505,2011 PA Super 32
• Parties: COMMONWEALTH of Pennsylvania, Appelleev.Brandon Denzel CHARLESTON, Appellant.
• Court: Pennsylvania Superior Court

16 A.3d 505

2011 PA Super 32

COMMONWEALTH of Pennsylvania, Appellee

v.Brandon Denzel CHARLESTON, Appellant.

Superior Court of Pennsylvania.

Argued Dec. 7, 2010.Filed Feb. 18, 2011.Reargument Denied April 14, 2011.

Jules Epstein, Philadelphia, for appellant.

Hugh J. Burns, Jr., Assistant District Attorney, Philadelphia, for Commonwealth, appellee.BEFORE: BENDER, OLSON and OTT, JJ.OPINION BY BENDER, J.:

Brandon Denzel Charleston (Appellant) appeals from the judgment of sentence entered following his convictions for first-degree murder and possession of an instrument of crime. Appellant claims that the trial court erred in denying his motion to suppress and in permitting the Commonwealth to introduce certain inculpatory evidence. For the reasons that follow, we affirm.

The evidence adduced at trial showed that Appellant shot and killed William Stanton (the victim). Appellant claimed, in a statement to the police and at trial, that he acted in self defense. The Commonwealth charged Appellant with first-degree murder and possession of an instrument of crime. Following a jury trial, Appellant was found guilty and sentenced to life imprisonment and a concurrent term of three to twenty four months for possession of an instrument of crime.

The trial court set forth the following detailed account of the trial testimony:

Tracey Leslie testified that since the year 2000, he has lived at 2428 North 25th Street with his brother Travis Leslie and his stepbrother Kevin Watson. Tracey Leslie testified that he knew William Stanton, the [victim], and [the victim]'s mother, Clara Stanton, from his neighborhood on North 25th Street. Mr. Leslie testified that he was familiar with Appellant as [o]ne of the young guys in the neighborhood. Mr. Leslie testified that Appellant was never invited into Mr. Leslie's home. Mr. Leslie testified that he did not know the [victim] to carry a gun.

Mr. Leslie testified that on Saturday, June 14, 2008, the neighborhood of [the] 2400 block of North 25th Street held a block party, at which [the victim] and Appellant were present. Mr. Leslie left the block party at 9:30 p.m. and went to his girlfriend's home.... The last time Mr. Leslie saw [the victim] was 9:30 p.m. on June 14, 2008.

Mr. Leslie testified that he received a call from his brother, Travis Leslie, at approximately 3:00 p.m. on Sunday, June 15, 2008. Travis Leslie informed Mr. Leslie that something occurred at his home and that he should return. Mr. Leslie testified that two minutes later he returned to 2428 North 25th Street to find [the victim lying] on the floor.

...

David Taylor testified that he has lived at 2422 North 25th Street for ten years and knew [the victim] and his mother Clara Stanton as his neighbors. Mr. Taylor testified that he never knew [the victim] to carry a gun. Mr. Taylor stated that he was familiar with Appellant, Travis Leslie, Tracey Leslie, and Kevin Watson because they lived in the same neighborhood.

Mr. Taylor testified that on the morning of Sunday, June 15, 2008, he was standing outside of his home on North 25th Street and heard four gunshots fired. Mr. Taylor stated that he remembered seeing a man named Gary Outlaw standing at the corner of 25th and Hagart on Mr. Taylor's side of the block. Mr. Taylor testified that after the shots were fired, Mr. Outlaw entered his car and drove away. About thirty seconds later, Mr. Taylor observed Appellant exit 2428 North 25th Street in a casual jog. ...

The brother of Tracey Leslie, Travis Leslie, testified that he lived at 2428 North 25th Street with his brothers, Kevin Watson and Tracey Leslie, and that he has known the [victim], Clara Stanton and [Appellant] from the neighborhood on North 25th Street. Travis Leslie stated that he never invited [Appellant] into his home for any purpose.... Travis Leslie observed Mr. Outlaw outside of 2428 North 25th Street at approximately 11:30 a.m. when he left his home.

...

Mr. Watson, Travis Leslie and Tracey Leslie went to the Homicide Unit of the Philadelphia Police Department to give a statement. As Travis Leslie returned home he observed the Appellant walking from the direction of Hagert Street. Travis Leslie approached the Appellant and asked, Do you know anything that happened at the house? and the Appellant stated that he was not at the Leslie's home. Then, according to Travis Leslie, the Appellant stated that I know something, I don't know something.

...

Nashua Sanders testified that she was familiar with the neighborhood of 25th and Hagert Street in 2008.... Ms. Sanders testified that she knew the next door neighbors Clara Stanton and the [victim], as well as Kevin Watson, Tracey and Travis Leslie, and David Taylor. Ms. Sanders testified that she knew the Appellant and considered each other to be close friends. Ms. Sanders testified that she never had a conversation with Ms. Stanton in which she disclosed a conversation with the Appellant a week before regarding Appellant's plan to rob the [victim]. On cross-examination, Ms. Sanders testified that Appellant never made any comments to her about a plan to physically harm the [victim].

Ms. Stanton testified that she knew Ms. Sanders, Ms. Star Nelson and Ms. Sabrea Nelson from the neighborhood on North 25th Street. On cross-examination, Ms. Stanton testified that she knew Appellant for a number of years. According to Ms. Stanton, Appellant visited her home every morning to meet her son, [the victim].... After the shooting of June 15, 2008, Ms. Stanton did not see Appellant in the neighborhood again. Ms. Stanton testified that she received information from her neighbors that Appellant was responsible for her son's death; however, Ms. Stanton did know how the neighbors acquired such information.... Ms. Stanton testified on re-direct that she had a conversation with her neighbor, Ms. Sanders, approximately three weeks after the shooting death of her son on June 15, 2008. Ms. Stanton stated that Ms. Sanders informed her of a conversation between Ms. Sanders and Appellant that took place approximately a week before the shooting death of her son. Ms. Stanton testified that Ms. Sanders informed her that, during the conversation between Ms. Sanders and the Appellant, the Appellant told her that he was going to rob [the victim] a week ahead of time.

...

Philadelphia Homicide Detective Nathan Williams testified that he was assigned to investigate the shooting death of Mr. William Stanton inside the home [at] 2428 North 25th Street. Detective Williams collected fired cartridge casings and other ballistics evidence to assist in processing the scene. Detective Williams interviewed all of the occupants of the home, including Tracey Leslie, Travis Leslie and Kevin Watson. Detective Williams also interviewed neighbors and possible witnesses, including [the victim]'s girlfriend, Ms. Anderson, Ms. Stanton, Eric Brinkley, Gary Outlaw and David Taylor. Detective Williams testified that one of the Leslie brothers contacted Homicide Detectives at or around 11:33 p.m. on June 15, 2008 and indicated that [Appellant] may have been involved in the shooting. Detective Williams directed other detectives to locate and interview Mr. Outlaw.

...

From the cell phone collected from the [victim] at Temple University Hospital, Detective Williams compiled a list of the [victim]'s last calls, including missed, outgoing and incoming calls. Detective Williams testified that the [victim]'s phone included a contact name entry for “Brandon” which corresponded with (267) 707–3704 and programmed into the [victim]'s phone as “We 1.” Detective Williams stated that he discovered, through subscriber information, that the telephone number for “Brandon” was that of Gina Muldrow, the mother of Appellant, of 2428 West Hagert Street, Philadelphia, PA. Detective Williams testified that the last incoming phone call on June 15, 2008, received by the cell phone of the [victim], was from “We 1” and lasted one minute....

Philadelphia Police Officer Anthony R. Soliman testified that on July 16, 2008, he was on patrol with Philadelphia Police Officer Anthony Mooney investigating gang issues near the 22nd and 39th police districts. Officer Soliman testified that at approximately 9:10 p.m. he received information via police radio describing a homicide suspect as a black male wearing dark shorts, a black shirt, and head towel on the corner of 25th and Hagert Streets. When Officer Soliman approached the corner of 25th and Hagert Streets, he observed a black male matching the radio description. The male walked up a flight of steps and entered a house at 2432 North 25th Street.

Officer Soliman stated that he approached the home at 2432 North 25th Street, knocked on the door and the Appellant answered. Officer Soliman testified that he informed the Appellant that he was not under arrest, but that they were investigating a crime....

Before the officers left the [home at] 2432 North 25th Street, a woman identified as Clara Stanton approached the officers' vehicle. Officer Soliman testified that Ms. Stanton informed the officers that ... Appellant ... was the person who killed her son. Officer Soliman testified that when asked how Ms. Stanton knew that information, she stated, “everybody knows that information, just nobody wants to come forward with that.” Officer Soliman contacted homicide detectives and informed the detectives of the identity of the Appellant. Homicide Detectives directed the officers to bring the Appellant into the Homicide Unit.

At police headquarters, Philadelphia Homicide Detective Greg Singleton interviewed the Appellant at 10:00 a.m. on July 17, 2008, [which was the following day]. Detective Singleton testified that on the day of the shooting, he observed the Appellant across the street from the shooting scene at 2428 North 25th Street speaking with a group of males. Detective Singleton testified that, on the evening of Appellant's arrival to police headquarters, [on July 16th,] the Appellant...