Commonwealth v. Williams, J-S11023-15
| Decision Date | 08 June 2015 |
| Docket Number | No. 1106 MDA 2014,J-S11023-15,1106 MDA 2014 |
| Court | Pennsylvania Superior Court |
| Parties | COMMONWEALTH OF PENNSYLVANIA Appellee v. DARNELL J. WILLIAMS Appellant |
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Darnell J. Williams appeals from the judgment of sentence imposed on February 27, 2014, in the Court of Common Pleas of Dauphin County, made final by the denial of post-sentence motions on June 2, 2014. On December 13, 2013, a jury convicted Williams of third-degree murder and persons not to possess firearms.1 The court sentenced Williams to an aggregate term of 22 to 44 years' imprisonment. On appeal, Williams raises the following three issues: (1) whether there was sufficient evidence to convict him of third-degree murder; (2) whether the verdict was against the weight of the evidence; and (3) whether the court abused its discretion with respect to hissentencing. After a thorough review of the submissions by the parties, the certified record, and relevant law, we affirm the judgment of sentence.
The trial court set forth the facts as follows:
On the evening of June 14, 2011, Thorrin Burgess ("Burgess") was shot in the abdomen on a basketball court at Reservoir Park in Harrisburg, and shortly thereafter died as a result. The evidence at trial established that on the day of the homicide, Burgess, his brother Darrien Burgess, and several of their friends, including Michael Warren and Brandon Wright, were playing basketball at Reservoir Park. At some point, Darrien and an individual nicknamed Jersey began to fight. When Darrien began to get the better of Jersey, Williams struck Darrien with a handgun. Burgess intervened and pleaded with Williams before ultimately tussling with him. During the tussle they both went to the ground and Williams shot Burgess.
The Commonwealth also presented physical evidence that connected Williams to the killing. Angela Difiore, a forensic DNA scientist with the Pennsylvania State Police, testified that she examined fingernail clipping taken from Burgess and was able to obtain a DNA sample. She compared that sample to a known DNA sample taken from Williams, and concluded that Williams' DNA was present.
Trial Court Opinion, 6/2/2014, at 1-2 (record citations omitted).
A jury trial began on December 10, 2013. Three days later, on December 13th, the jury convicted Williams of third-degree murder and persons not to possess firearms. On February 27, 2014, the court sentenced Williams to a term of 19 to 38 years' incarceration for the murder conviction, and a consecutive term of three to six years' imprisonment for the firearmsoffense. Williams filed post-sentence motions, which were denied on June 2, 2014. This appeal followed.2
In his first issue, Williams challenges the sufficiency the evidence with regard to his third-degree murder conviction.3 Williams's Brief at 23. First, he alleges the Commonwealth failed to prove his actions constituted third-degree murder because the evidence did not "establish that [he] created a substantial and unjustifiable risk of death or serious bodily injury" or that he intended to shoot anyone with a gun. Id. at 24-25. He states:
[He] only attempted to strike Darrien after Darrien, who was much larger than Jersey, pulled Jersey's shirt over Jersey's head and then began to beat Jersey handedly. There was no evidence to demonstrate that [Williams] used the firearm he allegedly possessed in any manner other than as a blunt object to level the proverbial playing field after Darrien began to fight unfairly.
Id. at 24-25. Second, Williams contends assuming arguendo he shot the victim, the Commonwealth failed to disprove that he acted in self-defense. Id. at 25. Williams states the victim was taller, weighed more, and significantly overpowered him when, without provocation, the victim picked him up twice and slammed him to the ground. Id. at 26. Williams argues, "Given the size differential between [himself] and the victim, [he] wasjustified in using lethal force against the victim since [he] reasonably believed that such force was necessary to protect himself against serious bodily injury or death." Id. at 27.
Our standard of review is well-settled:
The standard we apply in reviewing the sufficiency of the evidence is whether viewing all the evidence admitted at trial in the light most favorable to the verdict winner, there is sufficient evidence to enable the fact-finder to find every element of the crime beyond a reasonable doubt. In applying the above test, we may not weigh the evidence and substitute our judgment for the fact-finder. In addition, we note that the facts and circumstances established by the Commonwealth need not preclude every possibility of innocence. Any doubts regarding a defendant's guilt may be resolved by the fact-finder unless the evidence is so weak and inconclusive that as a matter of law no probability of fact may be drawn from the combined circumstances. The Commonwealth may sustain its burden of proving every element of the crime beyond a reasonable doubt by means of wholly circumstantial evidence. Moreover, in applying the above test, the entire record must be evaluated and all evidence actually received must be considered. Finally, the [finder] of fact while passing upon the credibility of witnesses and the weight of the evidence produced, is free to believe all, part or none of the evidence.
Commonwealth v. Brooks, 7 A.3d 852, 857 (Pa. Super. 2010) (citation omitted), appeal denied, 21 A.3d 1189 (Pa. 2011).
Commonwealth v. Thompson, 106 A.3d 742, 757 (Pa. Super. 2014). Commonwealth v. Lee, 626 A.2d 1238, 1241 (Pa. Super. 1993) (quotation and quotation marks omitted).
With respect to the defense of self-defense, we are guided by the following:
Commonwealth v. Ventura, 975 A.2d 1128, 1143 (Pa. Super. 2009), appeal denied, 987 A.2d 161 (Pa. 2009).
In light of this case law, we disagree with Williams, and find the Commonwealth presented sufficient circumstantial evidence to support his conviction. The record reflects the following: On the night of June 14, 2011, the victim, Burgess, went to Reservoir Park to play basketball with several friends, including his brother, Darrien Burgess. While there, Darrien Burgess engaged in a physical altercation with another male, named "Jersey," over a female. Tarajai Mills, a witness, testified he was at the basketball court at the time of the incident. N.T., 12/10/2013-12/11/2013, at 125. Mills stated Darrien was getting the better of Jersey when another male individual shot past Mills and headed toward the fight with a gun in his hand raised. Id. at 138. Mills indicated the male tried to strike Darrien but missed because Darrien moved out of the way. Id. The victim then entered the fray to, apparently, break up the dispute because he did not want a gun involved. Id. The victim and the male then "g[o]t tangled up," and went"to the ground." Id. Mills stated, Id. Mills testified he never saw the face of the male with the gun. Id. at 139. He also noted the victim grabbed the perpetrator to try to "talk to him, plead with him to ... stop." Id. at 143. It did not appear to Mills that the victim "was...
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