J-S37015-15

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF

PENNSYLVANIA

Appellee

v.

ANTHONY WASHINGTON

Appellant No. 969 EDA 2014

Appeal from the Judgment of Sentence March 13, 2014

In the Court of Common Pleas of Philadelphia County

Criminal Division at No(s): CP-51-CR-0011611-2011

BEFORE: GANTMAN, P.J., SHOGAN, J., and LAZARUS, J.

MEMORANDUM BY GANTMAN, P.J.: FILED JULY 21, 2015

Appellant, Anthony Washington, appeals from the judgment of 

sentence entered in the Philadelphia County Court of Common Pleas, 

following his jury trial convictions for first-degree murder, criminal 

conspiracy, and possessing instruments of crime (“PIC”).1 We affirm. 

In its opinion, the trial court fully and correctly sets forth the relevant 

facts and procedural history of this case.2 Therefore, we have no reason to 

restate them. 

____________________________________________

1 18 Pa.C.S.A. §§ 2502(a), 903(c), and 907(a), respectively. 

2 On September 5, 2014, the court ordered Appellant to file a concise 

statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b). 

On October 2, 2014, Appellant untimely filed a Rule 1925(b) statement, but 

requested the court to consider the statement as timely. The court 

(Footnote Continued Next Page)
J-S37015-15

- 2 -

Appellant raises the following issues for our review:

IS [APPELLANT] ENTITLED TO AN ARREST OF JUDGMENT 

ON ALL CHARGES, INCLUDING MURDER IN THE FIRST 

DEGREE, CRIMINAL CONSPIRACY AND PIC, WHERE THERE 

IS INSUFFICIENT EVIDENCE TO SUSTAIN THE VERDICT? 

IS [APPELLANT] ENTITLED TO A NEW TRIAL ON ALL 

CHARGES WHERE THE VERDICT IS AGAINST THE

GREATER WEIGHT OF THE EVIDENCE? 

(Appellant’s Brief at 3).

After a thorough review of the record, the briefs of the parties, the 

applicable law, and the well-reasoned opinion of the Honorable Steven R. 

Geroff, we conclude Appellant’s sufficiency of the evidence claim merits no 

relief.3 The trial court opinion comprehensively discusses and properly 

disposes of the question presented. (See Trial Court Opinion, filed 

December 19, 2014, at 60-61) (finding: Victim’s cause of death was ruled 

homicide; during altercation at bar between Appellant and others several 

days earlier, Victim’s friend shot at Appellant; evidence demonstrated 

Appellant planned to kill Victim; on date of murder, Appellant learned of 

Victim’s location, arrived at location armed with .40 caliber Beretta, recruited 

(Footnote Continued) _______________________

subsequently entered an order on October 7, 2014, which accepted 

Appellant’s Rule 1925(b) statement as timely filed. 

3

In his first issue, Appellant fails to provide any argument regarding the 

sufficiency of the evidence for his convictions of conspiracy and PIC. 

Therefore, these claims are waived. See Pa.R.A.P. 2119(a); Coulter v. 

Ramsden, 94 A.3d 1080, 1088 (Pa.Super. 2014) (stating: “Appellate 

arguments which fail to adhere to these rules may be considered waived, 

and arguments which are not appropriately developed are waived”). 
J-S37015-15

- 3 -

lookouts and getaway driver, and waited in alleyway for Victim to come out 

of local club and get into car; Appellant walked up to Victim’s car and fired 

gun at Victim’s vital body parts (head and chest); expert testimony 

established that any of fired shots would have killed Victim; Appellant sold 

gun following murder to “boy in South Philly,” and ballistics evidence linked 

gun recovered from trunk of buyer’s car to fired cartridge casings and 

bullets; Appellant told multiple people about murdering Victim and bragged 

about it; killing was willful, deliberate and premeditated; evidence was 

sufficient to sustain murder conviction). The record supports Appellant’s 

convictions. Accordingly, we affirm Appellant’s sufficiency issue on the basis 

of the trial court’s opinion. 

In his second issue, Appellant challenges the weight of the evidence. 

“[A] challenge to the weight of the evidence must be raised with the trial 

judge or it will be waived.” Commonwealth v. Gillard, 850 A.2d 1273, 

1277 (Pa.Super. 2004), appeal denied, 581 Pa. 672, 863 A.2d 1143 (2004) 

(internal quotation marks omitted). A claim challenging the weight of the 

evidence generally cannot be raised for the first time in a Rule 1925(b) 

statement. Commonwealth v. Burkett, 830 A.2d 1034 (Pa.Super. 2003). 

An appellant’s failure to avail himself of any of the prescribed methods for 

presenting a weight of the evidence issue to the trial court constitutes 

waiver of that claim, even if the trial court responds to the claim in its Rule 

1925(a) opinion. Id. Instantly, Appellant failed to raise a timely claim 
J-S37015-15

- 4 -

regarding weight of the evidence. Rather, Appellant raised the claim for the 

first time in his Rule 1925(b) statement. Therefore, Appellant’s weight of 

the evidence claim is waived. See id. 

Moreover, even if properly preserved, Appellant’s weight of the 

evidence claim would merit no relief. The court concluded:

[T]he jury may regard evidence relating to the contents of 

any prior inconsistent statement as proof of the truth of 

anything each of these witnesses said in any earlier 

statement, as well as consider this evidence to help the 

jury assess the credibility and weight of the testimony of 

each of these witnesses at trial. Although multiple 

witnesses in the present case did not remember their 

earlier statements against [Appellant] and made various 

excuses for their memory lapses (for example, using 

opiates for years (Rice); being shot in the face twice 

(Childs); engaging in excessive drinking and fighting with 

his wife (Cropper)), all of those witnesses made prior 

statements to police. Those statements were damaging to 

[Appellant], and the jury was free to believe them. 

* * *

In the present case, witnesses Darian Brown (Blizz), 

William Childs (O), and James Newsome (Hawk) had 

criminal involvement in the death of [Victim] Omar 

Williams, and as such, they were accomplices in the crime. 

Although accomplice testimony was supported by copious 

independent evidence in the present case, even in the 

absence of such evidence the jury could still have found 

[Appellant] guilty solely on the basis of accomplice 

testimony if the jury was satisfied beyond a reasonable 

doubt that the accomplice had testified truthfully and that 

[Appellant] was guilty. 

Here, the evidence presented at trial viewed in the light 

most favorable to the Commonwealth as verdict winner 

established that [Appellant] has committed the crime of 

murder of the first degree. The malice could have been 

inferred, inter alia, from [Appellant’s] use of a deadly 
J-S37015-15

- 5 -

weapon on vital parts of [Victim’s] body—his head and 

chest. The evidence also demonstrated that [Appellant] 

engaged in extensive planning for [Victim’s] murder and 

employed other people to act. This court has noted that 

“this could have almost been like an organized crime case” 

complete with lookouts and a getaway driver. [Appellant] 

then took a substantial step in furtherance of the 

conspiracy by firing shots at [Victim] thereby murdering 

him. In addition, the evidence demonstrated that 

[Appellant] was in possession of an instrument of crime 

and that he intended to employ it criminally. 

Upon review of the challenge to the weight of the 

evidence, this court concludes that the verdict was 

consistent with the evidence. The jury was free to believe 

all, part or none of the evidence, and it clearly found the 

evidence to be credible and reliable. 

We conclude, therefore, that the jury verdict did not shock 

any sense of justice. No relief is due. 

(Trial Court Opinion at 65-67) (citation to record omitted). Accordingly, we 

affirm Appellant’s judgment of sentence. 

Judgment of sentence affirmed. 

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 7/21/2015
1, 03/13/2014, pp. 135-36). 

further penalty was imposed on the charge of possessing an instrument of crime. (N.T. Volume 

of ten (10) to twenty (20) years on the charge of conspiracy to commit first-degree murder. No 

without possibility of parole for the offense of murder of the first degree, and a consecutive term 

on March 13, 2014, this court sentenced the Defendant to a mandatory term of life imprisonment 

murder, and possessing an instrument of crime. (N.T. Volume 1, 03/13/2014, pp. 128-29). Also 

"Peanut"), was convicted of murder of the first degree, conspiracy to commit first-degree 

On March 13, after a jury trial, the Defendant, Anthony Washington (nicknamed "Ant," 

GEROFF, J. 

D'EC 19 2014 

Crffi~~i; .'\;l(~~111 .-10,·, · 

JJ#r~~ I ,....; • - l UI 

n,lJ1 Jtr~;~ f«:t,Jct of PA 

UECEMBER 19, 2014 

OPINION 

11111111 11111111111111111 

7236940051 

CP-51-CR-0011611-2011 Comm. v, Washington, Anthony 

Opinion 

SUPERIOR COURT 

NO. 969 EDA 2014 

ANTHONY WASHINGTON 

vs. 

COMMONWEALTH OF CP- 51-CR-0011611-2011 

PENNSYLVANIA 

IN THE COURT OF COMMON PLEAS 

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA 

TRIAL DIVISION - CRIMINAL SECTION 

Circulated 06/22/2015 12:22 PM
2 

On or about March 21, 2014, the Defendant filed a timely Notice of Appeal through 

Joseph C. Santaguida, Esquire, who represented the Defendant at trial. Following the filing of 

Notice of Appeal on the Defendant's behalf, Attorney Santaguida filed a Motion to Withdraw 

Appearance of Counsel and to Order the Lower Court to Appoint _Appellate Counsel which was 

granted by the Superior Court on May 5, 2014. On May 14, 2014, the Court of Common Pleas 

of Philadelphia County appointed David Scott Rudenstein, Esquire, to represent the Defendant in 

forma pauperis. 

On September 5, 2014, this court ordered counsel for the Defendant to file a concise 

Statement of Matters Complained of on Appeal pursuant to PA. R.A.P. § 1925(b ). On October 2, 

2014, counsel for the Defendant filed a concise Statement of Matters Complained of on Appeal, 

indicating that the necessary notes of testimony were unavailable at the time of his appointment. 

Counsel for the Defendant requested permission to file a supplemental statement by October 9, 

2014, once counsel fully read the six (6) volumes of transcript of the trial record to determine 

what issues had been preserved for appeal. To avoid the possibility of waiver of otherwise 

previously preserved issues on appellate review, Attorney Rudenstein requested that this court 

issue an Order that would accept the l 925(b) Statement of Matters Complained of on Appeal, - 

filed on October 2, 2014, as timely filed. On October 3, 2014, this court ordered that the 

Defendant's request be granted and that the 1925(b) Statement of Matters, or Supplemental 

Statement of Matters, if filed on or before October 9, 2014, be deemed timely filed. 

In his Statement of Matters Complained of on Appeal, the Defendant argues that he is 

entitled to an arrest of judgment because the evidence was insufficient to support the verdict 

which found the Defendant guilty of first-degree murder, possessing an instrument of crime 

(PIC), and conspiracy to commit murder. 

Circulated 06/22/2015 12:22 PM
3 

I Defendant's reliance on Commonwealth v. Karkaria) is misplaced. In Karkaria, the court held that evidence was 

not sufficient to support defendant's conviction for forcible rape; the victim's testimony as to when any particular act 

of rape occurred was vague and contradictory; initially, she testified that assaults occurred only on Friday or 

Saturday evenings, and thereafter testified that assaults occurred at another time; moreover, she insisted that the 

assaults occurred only when defendant was babysitting, and yet she also admitted that during the time period 

charged in the indictment, defendant no longer acted as babysitter. 

Washington was the driver. Officer Washington testified that shortly after 5:00 am he received a 

Officer Stark (first name not stated). They were in a marked patrol vehicle, and Officer 

2009, he was working a "last-out tour" - from 12:00 am to 8:00 am - with his partner, Police 

Police Officer Anthony Washington (no relation) testified that on Sunday, November 29, 

The Murder 

also used his neighborhood friend, William Childs (nicknamed "O"), as his getaway driver. 

"Blizz") and James Newsome (nicknamed "Hawk"), as his lookouts for the planned murder. He 

Defendant and his people. The Defendant recruited his cousins, Darian Brown (nicknamed 

between the Defendant and the victim followed by the victim's friend firing shots at the 

preceded by an incident at the Copabanana Bar a few days before, involving a verbal altercation 

Market Street in Philadelphia after the victim entered his parked vehicle. The killing was 

o'clock in the morning, the Defendant shot and killed Omar Williams in the 6100 block of 

The evidence adduced at trial established that on November 29, 2009, shortly after 5:00 

THE EVIDENCE 

with regard to any of the crimes charged. 

evidence did not establish that the Defendant was a principal, a conspirator, or an accomplice 

533 Pa. 412, 625 A.2d 1167 (1993), 1 the Defendant claims that the greater weight of the 

not supported .by the greater weight of the evidence. Relying on Commonwealth v. Karkaria, 

The Defendant also argues that he should be awarded a new trial because the verdict is 

Circulated 06/22/2015 12:22 PM
4 

radio assignment alerting him of a person with a gun and a report of a shooting at 61 st and 

Market Streets. (N.T. Volume 1, 03/05/2014, pp. 57-59). 

Officer Washington and his partner immediately proceeded to that location, with lights 

and sirens activated. Upon their arrival moments later, Officer Washington observed a silver 

Honda Accord on the comer facing the Ron and Jess Place bar. The car appeared to have been 

involved in an accident. (N.T. Volume 1, 03/05/2014, pp. 60-61). 

Officer Washington exited his patrol car and went to the driver's door side. He could 

hear the engine "revving real, real loud from the car." The car had tinted windows. When 

Officer Washington opened the door, he saw a male inside. Based on his experience, Officer 

Washington determined that the man was shot in the head. He also observed a gunshot wound to 

the right side of the victim's cheekbone, next to his ear. There was blood coming from the right 

side of his head. There was also blood and brain matter on the driver's side of the window. 

Officer Washington had to remove the victim's feet from the gas pedal. The victim was 

unresponsive; he had no pulse. Officer Washington testified that based on his experience with 

gunshot victims, the male was not alive. (N.T. Volume 1, 03/05/2014, pp. 61-62). 

The victim was pronounced dead after the paramedics and the Philadelphia Fire 

Department came to the scene. Officer Washington testified that he believed that he was still at 

the scene when someone from the Medical Examiner's Office came out as well. There was 

extensive damage to the victim's vehicle. There was also a hole in the wall of the Ron and Jess 

Place Bar, where the car had impacted. The car bounced off the wall and was stuck on the curb 

on the South side of Market Street. (N.T. Volume 1, 03/05/2014, pp. 63-64). 

Police secured the entire area - from 601h and Market Streets to 61 st and Market Streets - 

as a crime scene and roped it off with yellow tape. Officer Washington and other officers then 

Circulated 06/22/2015 12:22 PM
5 

2 On cross-examination, Officer Washington stated that he did not recall mentioning to homicide detectives that a 

black female was standing next to the car door when he arrived on the scene. While he did not deny talking to the 

female, he said, "I just don't remember five years later." Officer Washington explained that the focus of his attention 

was the victim, not the other people who might have been on location. (N.T. Volume l, 03/05/2014, pp. 79, 84). 

that he had never heard anyone say his name. He also said that while he had heard about an 

2009. Rice stated that he did not know the victim, Omar Williams, nicknamed "Cracks," and 

never been there with the Defendant. He also noted that he had not been at that bar in November 

Rice testified that he had been at the Copabanana Bar on a few occasions but that he had 

and had never heard anyone ever mention O's name. (N.T. Volume 1, 03/05/2014, pp. 86-89). 

never saw them at the Defendant's house. He also said that he did not know William Childs (0), 

indicated that he knew neither James Newsome (Hawk), nor Darian Brown (Blizz), and that he 

Rice would also hang out with the Defendant at the Defendant's house on a regular basis. He 

with the Defendant back in 2009, and that they would sometime go out and drink and party. 

He stated that the Defendant was his childhood friend. Rice confirmed that he was also friendly 

Antoine Rice testified that he was 27 years old and that he grew up in West Philadelphia. 

03/05/2014, pp. 75-76).2 

the Homicide Unit, where he was interviewed at 7:15 in the morning. (N.T. Volume 1, 

Officer Washington remained at the crime scene until daybreak. He then went down to 

were recovered from the car. (N.T. Volume 1, 03/05/2014, pp. 73-74). 

two bullet holes to the rear of the victim's car, and one bullet hole to its front. No projectiles 

accurately depicted the damage to the passenger's side of the vehicle. The photographs showed 

Officer Washington confirmed at trial that the photographs of the decedent's vehicle 

Market Street. (N.T. Volume 1, 03/05/2014, p. 64). 

searched the entire block for fired cartridge casings, and they located some on the north side of 

Circulated 06/22/2015 12:22 PM
6 

Rice noted that he had never talked to the Defendant or his cousins, Brown (Blizz) and 

Newsome (Hawk) about what had happened on November 29, 2009. He also did not recall ever 

talking to the investigators about it. (N.T. Volume 1, 03/05/2014, p. 97). 

When asked if anything happened between March 2010 and the trial that would have 

affected his ability to recall matters or events, Rice answered in the affirmative. He explained 

that he was addicted to opiates and stated that he had been in an outpatient rehab for six months 

to treat his addiction. Although Rice confirmed that his addiction had not affected his ability to 

remember where he worked, his business hours and office location, he testified that he had no 

recollection of giving an interview to detectives in March of 2010. (N.T. Volume 1, 03/05/2014, 

pp. 98-101). 

When shown the statement which he had given to Detective Mullen (first name not 

stated) at Southwest Detectives on March 17, at 4:22 am, Rice confirmed that he recognized his 

signature. However, he stated that he did not recall being interviewed at Southwest Detectives in 

the early morning hours of March 17, 2010. (N.T. Volume 1, 03/05/2014, pp. 103-105). 

Rice testified that he did not remember anything unusual happening on March 16, 2010. 

He did not remember that on that day, as he was sitting on the steps of a house on the 5700 block 

of Addison, someone jumped out of a vehicle and fired shots at him. He also did not recall 

after-hours club, the Wheels of Soul, he had never been there personally and did not even know 

the club's location. (N.T. Volume 1, 03/05/2014, pp. 89, 93-94). 

Rice stated that he was unaware of any problem whatsoever between the Defendant and 

Cracks. Healso said that he had no idea that in the early morning hours of November 29, 2009, 

someone had been shot to death at 615t and Market Streets. (N.T. Volume 1, 03/05/2014, pp. 95- 

96). 

Circulated 06/22/2015 12:22 PM
7 

3 Witness William Childs (0) stated that the Copabanana Bar is located at 401h and Sansom Streets. (N.T. Volume 

3, 03/07/2014, p. 47). 

shot. We all left the bar and that's why Crack got killed a couple of days later." Furthermore, he 

Rice did not remember saying, "Ant didn't get hit but one of the bouncers in the bar got 

(N.T. Volume 1, 03/05/2014, p. 112). 

This all started when we was down at a bar called Copa's. It's at 40th and Spruce 

Streets.3 We was in the bar. It was me, Ant, and 0. We was in the bar and Ant and Crack 

[sic], the guy who got killed, got into an argument. When Ant and Crack was arguing, 

one of Crack's friends who they call Nah pulled out a gun and starting shooting at Ant. 

Volume 1, 03/05/2014, pp. 109-112). He also did not recall saying to the investigators: 

committed it. He did not recall saying that he was not present when the murder occurred. (N.T. 

Williams on November 29, 2009 on the 6100 block of Market Street and that he knew who had 

not remember telling the investigators that he had information regarding the murder of Omar 

Rice also stated that he did not remember any of the investigators. He also testified that he did 

investigators' questions on March 17, 2010 or stated that he did not remember those questions. 

On direct examination, · Rice either denied that he provided specific answers to the 

Homicide Unit and denied giving a statement there. (N.T. Volume 1, 03/05/2014, p. 108). 

on November 29, 2009." However, he reconfirmed that he had no recollection of being at the 

am, and that it said, ''We are questioning you concerning the shooting death of Omar Williams 

accurate. He also confirmed that the statement contained the date, March 17, and the time, 11 :00 

was indeed written at the top of the statement, and that his biographical information was 

When shown a statement which he had given at Homicide, Rice confirmed that his name 

03/05/2014, pp. 106-108). 

being transported to the Homicide Unit at 8th and Race Streets afterwards. (N.T. Volume 1, 

carry a gun. He did not recall going down to Southwest Detectives and giving a statement or 

having a firearm on him that day or firing back at someone. He said that he was not licensed to 

Circulated 06/22/2015 12:22 PM
8 

(N.T. Volume l, 03/05/2014, p. 120). 

Ant said that he was set up near an alleyway and when Crack came by Ant shot him and 

then ran down the alleyway to where the car was at. I asked Ant how they knew where 

Crack was at, and Ant told me that he got a phone call from somebody and they told Ant 

that Crack was at the Wheels of Soul club on Market Street. So they went up there and 

just waited for him to come out. 

Rice noted that he did not remember telling the investigators: 

his addiction, Rice answered in the affirmative. (N.T. Volume 1, 03/05/2014, p. 118). 

When asked if he could have very well said all of that but just did not recall because of 

(N. T. Volume 1, 03/05/2014, p. 117). 

I went outside and Ant was on the comer. I went and talked to him, and he told me 

everything that went down. Ant said that him, 0, Blizz, and Hawk was all part of it and 

said that they set up on Crack's car because they found out where he was at. Ant said that 

Blizz and Hawk was the lookouts and that O was the driver. Ant told me that he shot 

Crack. 

Addison Streets. However, he said he did not remember saying: 

Rice confirmed that in the past they indeed used to hang out at the corner of 571h and 

pp. 115-16). 

morning after the shooting and talking to him about the incident. (N.T. Volume 1, 03/05/2014, 

asking him if he had done it. Rice also had no recollection of meeting the Defendant the 

the news that "the guy got killed." He had no memory of calling the Defendant afterwards and 

stating that he turned on the news and saw Cracks' white Honda; he did not recall learning from 

Defendant called him on the phone and said, "Yo, watch the news." Rice also did not remember 

incident, and that he did not recall saying to the investigators that the day after the shooting, the 

Rice stated that he did not remember being asked what the Defendant told him about the 

03/05/2014, p. 113). 

did not remember saying in his statement, "Ant told me that he did it." (N.T. Volume 1, 

Circulated 06/22/2015 12:22 PM
9 

"Question: You were shown a video of two males who were standing on the comer 

outside of a store; is that correct? 

on a street comer, contrary to the statement he gave to the investigators: 

Rice stated that he had no recollection of being shown a video of certain people standing 

(N.T. Volume 1, 03/05/2014, pp. 128-29). 

indeed his. However, when asked if that could be his signature, he answered in the affirmative. 

that he did not recognize the penmanship and that he also did not remember if the signature was 

When shown the photograph of the Defendant with "Ant " written on top of it, Rice said 

03/05/2014, pp. 123-26). 

Rice confirmed that he still considered himself a close friend of the Defendant. (N.T. Volume 1, 

the same time, that they were "Ant's cousins," and that he met them through the Defendant. 

four or five years. He stated that he did not remember saying that he had met Blizz and Hawk at 

denied saying that Blizz's real name was Darian Brown and that he had known him for about 

for about five years. He also stated that he did not recognize his signature on the statement. He 

Rice denied saying to the detectives that O is William Childs and that he had known him 

1, 03/05/2014, pp. 121-22). 

the Defendant was driving and that he had never seen the Defendant in a vehicle. (N.T. Volume 

the Defendant lived right around the comer from one another, he did not know what kind of car 

windows, was used as a getaway car but that O was the driver. Rice noted that although he and 

Rice also did not remember saying that Ant's car, a Delta '88, a green car with tinted 

03/05/2014, pp. 120-21). 

.40-caliber. Ant sold it to some boy in South Philly after he shot Crack." (N.T. Volume 1, 

Defendant used to shoot the decedent. He also did not recall saying, "Ant told me that it was a 

Rice stated he did not remember being asked if he had known what kind of gun the 

Circulated 06/22/2015 12:22 PM
10 

4 Although Rice stated that he did not have a Facebook account, District Attorney reminded him that Rice gave his 

account number AntoineRice@Gmail.com and password TRAP57 to Detective Mullen from Homicide. Rice said 

that he, in fact, had never heard that password before. (N.T. Volume I, 03/05/2014, pp. 147-48). 

penmanship on the signature and the date. (N.T. Volume l, 03/05/2014, p. 138). 

denied identifying and signing the photographs. He indicated that he did not recognize the 

it was true and correct, and signing his name on each of the four pages of the statement. He also 

He stated he had no recollection of reading the statement to make sure that everything in 

talked to me about it." (N.T. Volume 1, 03/05/2014, p. 137). 

just said that they was there. They said that they 'fell back' when the shooting happened. 0 never 

happened to the victim. He did not remember stating: "I talked to Blizz and Hawk. They both 

Rice did not remember ever talking to any of the Defendant's cousins about what had 

well.4 (N.T. Volume 1, 03/05/2014, pp. 131-36). 

photograph was taken. The penmanship on top of the photographs did not look familiar to him as 

photographs with people he does not know and that he probably was high on drugs when the 

standing off to his left in the photo, Darian Brown. He also said that he typically poses in 

Facebook page. He recognized his own photo but said that he did not recognize the person 

Blizz's and Hawk's photographs from his Facebook page. In fact, he denied even having a 

Rice also noted that he did not remember stating that he showed Detective Peterman 

(N.T. Volume 1, 03/05/2014, p. 131). 

"Answer: Yes. 

"Question: Were you able to identify the two males that you saw on the video? 

"Answer: Yeah. It was Hawk and Blizz, Ant's cousins. Blizz has a cast on his hand. He 

told me that he broke his hand fighting with someone. Hawk is the one talking on the cell 

phone in the video." 

Sir, do you remember that? 

A. No, sir. 

Q. And when you say you don't remember, this could have been your answer; you just 

don't remember, correct? 

A. Yes, sir. 

Circulated 06/22/2015 12:22 PM
11 

am that day, with William Whitehouse, a Crime Scene Investigator (CSI). On November 29, 

duty on Sunday, November 29, 2009, in the early morning hours. He worked midnight to 8:15 

Police Officer Brian Stark, a member of the Crime Scene Unit, testified that he was on 

Volume 1, 03/05/2014, p. 146). 

event, and that if he had to pull out his gun and fire, that would be "a pretty big deal." (N.T. 

shooting at anyone. He agreed, however, that if someone shot at him that would be a startling 

Rice stated that he did not remember being shot at on March 16, or pulling a gun and 

(N.T. Volume 1, 03/05/2014, p. 146). 

"Question: What time did you arrive on the 5600 block of Addison Street on 3/16/1 O? 

"Answer: I'd say about 4:30 or 5:00 p.m. 

"Question: What were you doing around there? What was your purpose for being there? 

"Answer: "Basically I was going to see Donna ...... We were sitting outside talking. Then 

a white Mercury came up Addison Street .... One of the gentlemen hopped out of the back 

passenger seat. This guy had a gun out already. He started firing at me. I started firing 

back at him. As the guy was firing, my friend, William Childs, ran his daughter into 

Donna's house. As I finished firing, I ran into the house to make sure the baby was okay. 

Then I ran through the alleyway that exits out on to my block, 5600 Osage. I ran into my 

house. I was telling my grandmother what happened. I went back outside. I went through 

the alleyway, and there were two cops standing there in the alleyway. I let them know I 

was the shooter. The cops took my gun, and they took my permit out of my wallet, then 

they brought me here." 

Detectives on March 17, at 5:22 am (prior to giving his statement at Homicide): 

The Commonwealth then directed him to look at the statement he had given at Southwest 

shots were fired shortly before the incident. (N.T. Volume 1, 03/05/2014, p. 142-43). 

In addition, Rice had no memory of any incident at the bar in West Philadelphia where 

(N.T. Volume 1, 03/05/2014, pp. 139-42). 

signature on it. He also did not remember Detective Bamberski (first name not stated) signing it. 

Adoption Attestation. Rice, in fact, stated that he did not recognize that document and the 

Rice also stated that he did not remember detectives ever showing him a Statement of 

Circulated 06/22/2015 12:22 PM
12 

5 Officer Stark stated that his training started in 1995 through the Crime Scene Unit. He was trained as a patrol 

officer in collecting fingerprints from crime scene, and in 2000, he was transferred to the Crime Scene Unit. Officer 

Stark noted that his job involves an ongoing training process and that whenever "the technology of techniques or 

new methods arise, [they are] trained in those updates." He stated that over the past 14 years, he had been trained in 

forensic photography and had been certified in many aspects of fingerprint collection and identification, blood 

splatter analysis and reconstruction, videography, note-taking and drawing diagrams. (N.T. Volume 2, 3/6/2014, pp. 

6-7). 

they all were collected. The collected evidence was documented, packaged, placed on Property 

vehicle traffic permitted. Officer Stark noted that there were five casings at the scene and that 

Officer Stark stated that the scene was secured when they arrived, with no pedestrian or 

on the passenger side. (N.T. Volume 2, 3/6/2014, pp. 9-12, 26, 41-42). 

side. There was also a projectile embedded in the door frame between the front and rear doors 

dark-tinted windows and it had three bullet holes in the front and back windows on the passenger 

below the hole. A black male driver was in the driver's seat of the vehicle. The vehicle had 

the facade of the property at 6054 Market: there was a hole in the property wall and debris 

Market Street in front of 6054 Market, and it had front-end damage consistent with damage to 

the highway in front of 6039 Market Street. There was a gray Honda Accord on the south side of 

testified that when they did the walk-through, they identified multiple fired cartridge casings on 

Homicide Unit who were out at that scene, Officer Stark conducted a survey of the scene. 5 He 

Detective Gall (first name not stated) and Detective Harkins (first name not stated) from the 

Upon checking in with the officer who was in control of the crime scene and meeting with 

Officer Stark stated that they arrived on location at 6: 15 am. It was cold and dry. 

of the incident at 6000 Market Street. (N.T. Volume 2, 3/6/2014, pp. 7-9). 

2009, at 5:25 am, Detective Centeno (first name not stated) of the Homicide Unit notified them 

Circulated 06/22/2015 12:22 PM
13 

6 Officer Stark explained that the crime scene - the area of 6000 Market - was initially measured and documented 

with a rough sketch. Later on, after all the measurements were taken and a formal diagram drawn to scale, the final 

sketch was prepared. The sketch showed Millick Street to the right of the diagram, and 6151 street to the left of the 

diagram, with the arrows indicating the direction of travel of the lanes of Market Street. The sketch also showed 

vehicles No. 1 and No. 2, with No. 1 being the victim's Honda Accord, and No. 2 being the Chevy Beretta it struck. 

The blue dots on the sketch indicated the location of the five fired cartridge cases, which were in the street just south 

of the north sidewalk. (N.T. Volume 2, 3/6/2014, pp. 33-34). 

2, 3/6/2014, p. 46). 

was at the location of 61 st and Market Streets when the victim was shot to death. (N. T. Volume 

Saturday, November 28th, going into the early morning hours of Sunday, November 29, 2009, he 

Darian Brown (Blizz) testified that he is the Defendant's cousin. Brown stated that on 

prevent someone from walking in or out of those areas. (N.T. Volume 2, 3/6/2014, pp. 24-25). 

when he was out there that morning. He indicated that there did not appear to be any fencing to 

with one another, accurately depicted the north side of the street and various lots that existed 

Officer Stark confirmed that the photographs taken on the scene, presented in conjunction 

Unit for microscopic examination. (N.T. Volume 2, 3/6/2014, pp. 35-37, 41-42). 

extracted, placed on Property Receipt No. 9010320, and submitted to the Firearms Identification 

stated) and CS! Leo Rayhill. The copper projectile embedded in the vehicle's door frame was 

police garage processing of the decedent's Honda Accord by Police Officer Gain (first name not 

reviewed a supplemental service report in reference to the original crime scene prepared from the 

12:40 p.m., the day after Officer Stark was at the crime scene. Officer Stark confirmed that he 

be searched for any other ballistic evidence. The vehicle was processed on November 30th at 

The decedent's vehicle was later towed from that area and taken to the police garage, to 

(N.T. Volume 2, 3/6/2014, pp. 12, 14, 18, 30-33).6 

Receipt No. 9010313, and then submitted to the Firearms Identification Unit for further testing. 

Circulated 06/22/2015 12:22 PM
14 

Brown said that earlier that morning he had been at his apartment in Darby with James 

Newsome, his cousin. Brown also testified that Newsome is also the Defendant's cousin. (N.T. 

Volume 2, 3/6/2014, pp. 46-48). 

Brown said that he knew William Childs (0) through the Defendant. Brown also noted 

that he knew Antoine Rice, and that both he and Rice grew up around his grandmother's 

neighborhood. He stated that Rice knew O and Newsome, and that they all had been hanging out 

at sih and Addison together at various times. (N.T. Volume 2, 3/6/2014, p. 49). 

Brown indicated that when they were at the apartment in Darby, his cousin Newsome 

received a phone call from the Defendant. He also stated that .he did not hear any of that 

telephone conversation, and that Newsome relayed to Brown its content afterwards. (N.T. 

Volume 2, 3/6/2014, pp. 48, 50). 

Newsome told him that the Defendant wanted both of them and Childs to meet at so" and 

Market Street at the after-hours club, Wheels of Soul. Newsome explained to Brown that the 

Defendant wanted him and Brown down there to serve as lookouts. Brown said that he did not 

know what problem, if any, the Defendant had had with Cracks. He acknowledged, however, . 

that, according to Newsome, there was some kind of gang war between the Defendant and 

Cracks, and that the Defendant was planning to shoot Cracks. (N.T. Volume 2, 3/6/2014, pp. 

51-54, 57). 

After Newsome had updated Brown on the Defendant's intentions, they got in the car and 

drove down so" Street to the Dewey Street block. Brown noted that the Defendant asked him 

and Newsome to come down because he trusted them as his family. Brown understood that their 

role would encompass being the lookouts and that in addition to looking for Cracks, they were 

also supposed to be looking out for the police. (N.T. Volume 2, 3/6/2014, pp. 51-54, 57). 

Circulated 06/22/2015 12:22 PM
15 

They parked on Dewey Street, and the Defendant and Childs showed up in about 20 

minutes. Eventually, Brown and Newsome set up on Millick Street, outside the Puerto Rican 

store, waiting for Cracks to come out of the after-hours club. They were stationed almost 

directly across the street from the bar and were able to see people leaving the club. Brown stated 

that the Defendant told him that Cracks drove a Honda Accord and also pinpointed for him the 

vehicle's location as it was parked on Market Street. (N.T. Volume 2, 3/6/2014, pp. 55-57). 

While Brown and Newsome were stationed on Millick Street, Childs and the Defendant 

were positioned in the alleyway, which was "basically exactly in front of the victim's car." 

Brown testified that the Defendant told him that he had a gun with him, a Glock .40. (N.T. 

Volume 2, 3/6/2014, pp. 57-58). 

Brown "paced back and forth" between Millick and Market Streets, waiting for the "final 

time, for the let out" - when they expected the victim to leave the club. Brown was positioned 

by the Puerto Rican store, which was about "two or three car lengths" from the victim's car. 

From his location, he was able to get back into the cutout area where the Defendant and Childs 

were stationed through an alleyway in the back of the store. Brown stated that he did not see the 

Defendant on the phone with anyone from the club. Later on, Brown and Newsome left the 

comer of Millick Street upon receiving a phone call from the Defendant, who instructed them to 

go back in the alleyway. (N.T. Volume 2, 3/6/2014, pp. 58-62). 

Finally, Cracks came walking down the street with two other people. Brown could see 

the victim's Honda from where he was positioned. Brown noted that the victim was going 

toward his car, while the other two individuals who were with him were walking on toward the 

car parked on Millick Street. Once the victim got into his car, the Defendant came running out 

of the alleyway, got to the victim's car, let off "three to five shots," then ran back into the 

Circulated 06/22/2015 12:22 PM
16 

alleyway where Brown, Newsome, and Childs were still positioned. (N.T. Volume 2, 3/6/2014, 

pp. 62-64). 

Brown stated that he saw the Defendant fire the gun. When asked how the Defendant 

was pointing the handgun at the passenger's side of the victim's car, Brown demonstrated by 

using both of his hands. Brown also stated that after the shots were fired, the Honda ran into a 

parked car, then hit a wall. All four of them then ran off; Brown and Newsome ran back toward 

Dewey Street, got into Brown's car and drove off; the Defendant and Childs went a separate 

way. (N.T. Volume 2, 3/6/2014, pp. 64-65, 109-111). 

Brown stated that neither he nor Newsome carried a gun that night. Brown was not sure 

if Childs had a gun. The only person whom he saw fire a gun that night was the Defendant. 

Brown showed that the Defendant was about seven or eight feet away from the car when he was 

firing the shots. (N.T. Volume 2, 3/6/2014, pp. 66-67). 

Brown spoke with the Defendant later on that day at his grandmother's house in West 

Philadelphia. The Defendant told him that he and Newsome should "lay low, stay out of the 

way, and don't let it stress you or whatever because I did what I had to do so just hang in there." 

(N.T. Volume 2, 3/6/2014, p. 67). 

Brown testified that while he was with Newsome the night after the shooting, Newsome 

received a phone call from the Defendant, who told him to turn on the news later that day. From 

the news, Brown learned that Cracks was dead. (N.T. Volume 2, 3/6/2014, pp. 68-69). 

Brown stated that he and the Defendant would "talk here and there" about the incident, 

and that during those conversations, the Defendant would say something along the lines of "just 

don't let it bother you, it's going to be all right." Brown said that he was worried because he 

Circulated 06/22/2015 12:22 PM
17 

Brown testified that, as a result of his statement and other evidence, Brown was charged 

with murder of the first degree and conspiracy. His case was listed for trial almost two weeks 

before the Defendant's trial before this court. Prior to going to trial, Brown talked with his 

attorney, Brian McMonagle, about the possibility of cooperating. Attorney McMonagle then 

reached out to the prosecutor, and it was agreed that Brown would testify at the Defendant's trial. 

About two weeks before the Defendant's trial, Brown pied guilty to the charge of murder of the 

third degree and conspiracy before this court. Brown understood that if he pied guilty and 

testified against the Defendant, he could get a reduced sentence. He confirmed that the sentence 

was to be set by this court. Brown said he understood that his obligation under the plea 

agreement would be to tell the truth. He confirmed that he indeed was telling the jury what he 

had seen that night. (N.T. Volume 2, 3/6/2014, pp. 73-75, 90-96, 98-100, 101-118). 

Brown stated that between the time he arrived on Dewey Street, about an hour passed 

before he observed the Defendant shoot the victim. He recognized himself and Newsome on a 

video from about 3 :57 am that morning: they were looking in the direction of Market Street 

knew that the night of the incident he was under surveillance cameras the whole time. He could 

see the cameras "right there." (N.T. Volume 2, 3/6/2014, pp. 69-70). 

He testified that eventually there came a time when police officers and homicide 

detectives came and got him and brought him down to Homicide for questioning. One of the 

investigators was Detective Levi Morton. They explained his constitutional rights to him, and 

Brown then made a statement about what had happened. The first time he talked to them, he 

omitted his own involvement. He told the investigators, however, that he was a lookout. He also 

told them that his cousin, the Defendant, had a gun with him. (N.T. Volume 2, 3/6/2014, pp. 71- 

72). 

Circulated 06/22/2015 12:22 PM
7 Brown was wearing a sling because his arm was injured. (N.T. Volume 2, 3/6/2014, p. 81). 

18 

where the victim's Honda Accord was parked.7 He confirmed that the video showed them 

walking down Market Street toward the Puerto Rican store, then at some point going back to the 

comer of Millick Street to look out for other people who might have been with the victim or for 

police. (N.T. Volume 2, 3/6/2014, pp. 76-83). 

Brown also recognized himself and Hawk on another video clip from about 4:41am or 

4:42 am that morning. He stated that they were looking in the direction of the Wheels of Soul, 

the after-hours club, while the Defendant and Childs were in the alleyway. Newsome was on the 

phone with the Defendant at that time. (The Defendant wanted them back in the alleyway.) On a 

photograph shown to him, Brown identified the victim's Honda as the vehicle into which the 

Defendant had fired. (N.T. Volume 2, 3/6/2014, pp. 83-86). 

Brown recognized a copy of the statement that he had given to Homicide investigators 

back on November 30, 2010, when he was picked up for being involved in this incident and 

spoke with Detectives Morton and Holmes. He confirmed that the he recognized the questions 

of the detectives and his answers regarding the shooting death of Omar Williams. He stated that 

he was not truthful when he said that someone gave him and Hawk a ride to 601h and Market 

Streets. In fact, he was the one behind the wheel. He also stated that he was not truthful when 

he stated to the Detectives Morton and Holmes that he did not witness the shooting and that he 

did not know what car the victim was driving. Asked about what made him lie, Brown said that 

he was in a hurry to get out of Homicide and go home. (N.T. Volume 2, 3/6/2014, pp.90-94). 

Brown noted that it was not easy for him to come to the courtroom and tell what he saw 

that morning and to identify the Defendant, his blood cousin, in front of family and friends. He 

stated that it was not a "walk in the park." (N.T. Volume 2, 3/6/2014, p. 121). 

Circulated 06/22/2015 12:22 PM
19 

Detective Bamberski testified that Rice did not appear to be under the influence of either 

drugs or alcohol when he met him and that he did not seem to express any reservation or 

hesitation. Rice was not handcuffed during the interview. After having an informal conversation 

with him, Detective Bamberski memorialized in writing the information that Rice was providing 

to him about the shooting death of Omar Williams on 11/29/2009. Detective Kenneth Rossiter 

was also present when Rice was making his statement. Rice was formally interviewed in one of 

the cubicles at the Homicide Unit. (N.T. Volume 3, 03/07/2014, pp. 12-15). 

In the interview, Rice stated that he had information regarding the murder of Omar 

Williams and that he knew who killed him, though he personally was not present on the scene. 

Rice stated that it all started when he, the Defendant (Ant), and Childs (0) were at a bar 

Detective Bamberski testified that he came in contact with Antoine Rice ("Twan") in 

connection with Omar Williams' death and that he took a statement from Rice. Detective 

Bamberski stated that he was aware that prior to giving a statement at Homicide, Rice had given 

a statement to Detective Mullen at Southwest Detectives about his involvement in an incident in 

Southwest Philadelphia. Rice told Detective Mullen that he had been shot at that morning and 

that he fired back in self-defense. Because some of the information he provided to Detective 

Mullen was relevant to the homicide which they were investigating, Rice was subsequently 

brought from Southwest Detectives to the Homicide Unit. Detective Bamberski confirmed that 

Rice gave his statement to Homicide on March 17, 2010. (N.T. Volume 3, 03/07/2014, p. 7-11, 

34). 

Detective Joseph Bamberski confirmed his involvement in the investigation. The 

assigned detective on the case was Detective Howard Peterman. (N.T. Volume 3, 03/07/2014, 

p. 7). 

Circulated 06/22/2015 12:22 PM
20 

8 Witness William Childs (0) stated that the Copabanana Bar is located at 40th and Sansom Streets. (N.T. Volume 

3, 03/07/2014, p. 47). 

03/07/2014, p. 18). 

that, to the best of his knowledge, the murder weapon had not been recovered. (N.T. Volume 3, 

the shooting, the Defendant sold it to "some hoy in South Philly." Detective Bamberski noted 

Rice also stated that the Defendant told him that he used a .40 caliber gun, and that after 

(N.T. Volume 3, 03/07/2014, pp. 17-18). 

The day after the shooting at Copas I talked to Ant, and he told me he was mad as shit, 

and that he was going to get Crack for what happened. The day after that I was in my 

house and Ant called me and asked me to come out but I was chilling in my house and I 

didn't meet up with him. The next morning Ant called me on my phone and he was, like, 

'Yo, watch the news.' I was watching the news and I saw the white Honda that Crack 

always drives and the news was saying that the guy got killed. I called Ant up and I asked 

him if that was him, did he do it. Ant said, 'I told you that I was going to get him.' .. .I 

asked him who he was with and he asked me to come and meet him. I went outside and 

Ant was on the comer. I went and talked to him and he told me everything that went 

down. Ant said that him, 0, Blizz, and Hawk was all part of it. Ant said that they set up 

on Crack's car because they found out where he was at. Ant said that Blizz and Hawk 

was the lookouts and that O was the driver. Ant told me that he shot Crack. Ant said that 

he was set up near an alleyway, and when Crack came by, Ant shot him and then ran 

down the alleyway to where the car was at. I asked Ant how they knew where Crack was 

at. Ant told me that he got a phone call from somebody, and they told Ant that Crack was 

at the Wheels of Soul Club on Market Street. So they went up there and just waited for 

him to come out. 

Rice stated that the Defendant told him that he, in fact, had killed the decedent: 

the victim was killed. (N.T. Volume 3, 03/07/2014, pp. 15-16). 

the bouncers in the bar was hit. After this incident, they all left the bar. A couple of days later, 

pulled out a gun and started shooting at the Defendant. The Defendant was not shot, but one of 

the Defendant and the victim were arguing, one of the victim's' friends, known as Little Nah, 

"Copas," near 40s and Spruce Streets. 8 The Defendant and Williams got into an argument. As 

Circulated 06/22/2015 12:22 PM
21 

Detective Bamberski stated that those were Rice's words in the "exact way" he answered 

the questions. (N.T. Volume 3, 03/07/2014, p. 21). 

Detective Bamberski further stated that Rice provided them with the real name of Hawk 

(Kenny James) and identified photographs of the Defendant (Ant) and William Childs (0). 

Further, Rice identified Blizz (Brown) and Hawk (Newsome) as the two males standing on the 

comer outside of the store on the video: "Blizz has a cast on his hand. He told me that he broke 

his hand fighting with somebody. Hawk is the one talking on the cell phone in the video." (N.T. 

Volume 3, 03/07/2014, p. 21). 

Rice also stated that he had shown photographs of Blizz and Hawk to Detective Peterman 

from his Facebook page. Detective Bamberski confirmed that, despite Rice's assertions at trial 

that he did not know those individuals and did not have a Facebook page, those were indeed his 

words. Rice also confirmed that he talked to Blizz and Hawk after the shooting, and that both 

said that they were "just there." 0 never talked to Rice about it. (N.T. Volume 3, 03/07/2014, 

pp. 22-23). 

Detective Bamberski indicated that at the time of the interview they had no names. There 

was some video surveillance footage; however, at that time, the persons on the video had not 

been identified yet. (N.T. Volume 3, 03/07/2014, p. 19). 

Rice also told them that the Defendant was driving a green Delta'88, with tinted 

windows, and that Childs was the getaway driver. Rice said that he had known the Defendant 

for some 18 years, and that he met the rest of the individuals involved in the shooting through the 

Defendant. He has known Childs (0) for about five years, and Brown (Blizz) and Newsome 

(Hawk), the Defendant's cousins, for about four to five years. (N.T. Volume 3, 03/07/2014, pp. 

19-20). 

Circulated 06/22/2015 12:22 PM
22 

9 Rice was shown a video of two individuals standing in a comer, peering around the comer occasionally, at times 

looking down in the direction of the Wheels of Soul Club. (N.T. Volume 3, 03/07/2014, pp. 26-27). 

sometime before November 29, 2009, he had an occasion to be at a bar, Copabanana, at 401h and 

had heard of the victim, Cracks, but that he did not really know him. He confirmed that 

When asked about the shooting that occurred on November 29, 2009, he stated that he 

41-45). 

Hawk (Kenny James or James Newsome), and Rice (Twan). (N.T. Volume 3, 03/07/2014, pp. 

confirmed that he knew the Defendant's cousin, Blizz (Darian Brown), and that he also knew 

couple of years. He believed that they began socializing around 2007. They were "cool." Childs 

were from the same neighborhood, and that he was probably older than the Defendant by a 

William Childs, 0, testified that the Defendant was his friend. Childs stated that they 

(N.T. Volume 3, 03/07/2014, pp. 29, 35). 

assigned investigator and that other interviews were then conducted in connection with the case. 

Detective Bamberski confirmed that the information provided by Rice was given to the 

with hoodie."),9 and affixed his signature. (N.T. Volume 3, 03/07/2014, pp. 25-29). 

[sic] Brown ("Broken hand in video."), Ant, and Hawk/Kenny James "On video on cell phone 

Bamberski's presence. He identified certain individuals on the photographs as 0, Blizz/Darien 

number to the statement as well. Rice also identified photographs and signed them in Detective 

After Rice signed the statement, Detective Bamberski affixed his signature and badge 

Adoption Attestation in his presence. (N.T. Volume 3, 03/07/2014, pp. 23-24, 29). 

(12:20pm) on the last page. Detective Bamberski testified that Rice signed a Statement of 

that Rice reviewed it in his presence. Rice then signed each page and affixed the date and time 

Detective Bamberski noted that he gave Rice an opportunity to review his statement and 

Circulated 06/22/2015 12:22 PM
23 

ro Witness Antoine Rice (Twan) stated that the Copabanana Bar is located at 401h and Spruce Streets, (N.T. Volume 

1, 03/05/2014, p. 112; N.T. Volume 3, 03/07/2014, p. 16). 

not see a firearm on the Defendant. (N.T. Volume 3, 03/07/2014, pp. 59-64). 

said he was going to pull off before the Defendant even got into the car. Childs noted that he did 

stated that he got right into the driver's seat upon hearing gunshots because he was scared. He 

He said, "Yo, you know, you hear them gunshots?" Childs drove the Defendant's car home. He 

The Defendant appeared about 5-10 minutes afterwards. He was calm when he got into the car. 

Market Streets. Childs stated that while he was sitting in the car, he heard about two gunshots. 

After the Defendant picked him up, he first made a stop at a Chinese store at 61 st and 

(N.T. Volume 3, 03/07/2014, pp. 55-58). 

to 61 st and Race Streets. He did not remember what kind of car the Defendant had back then. 

was at the 5500 block of Addison Street when he called the Defendant and that he intended to go 

called the Defendant for a ride home, and the Defendant picked him up. Childs stated that he 

Childs was at the house of his girlfriend's family member. Because he did not have a vehicle, he 

there. Childs confirmed that he saw the Defendant early in the morning on November 29, 2009. 

knew about an after-hours club there, the Wheels of Soul, though he personally had never been 

Childs stated that he was familiar with the vicinity of 61 st and Market Streets and that he 

too upset" about it; there was no talk ofretribution. (N.T. Volume 3, 03/07/2014, pp. 50-54). 

him whether or not he was upset about the shooting. The Defendant was "a little angry, but not 

were with Cracks started firing at the Defendant. Childs stated that the Defendant did not tell 

street. When asked where the shots were coming from, Childs answered that the people who 

Childs testified that at let-out time, words were exchanged and shots were fired out on the 

the bar, too. (N.T. Volume 3, 03/07/2014, pp. 47-48). 

Sansom Streets.10 He saw the Defendant and Cracks at the bar. He confirmed that Cracks was at 

Circulated 06/22/2015 12:22 PM
24 

Childs stated that he did not recall being at Southwest Detectives that early in the 

morning. However, he did recall being interviewed there because he was shot at when he was at 

a house at Sih and Addison Streets, on March 16th, 2010. Childs was there with his three-year 

old daughter; Rice was also with them. Upon hearing the shots, Childs ran into the house. No 

one was injured. (N.T. Volume 3, 03/07/2014, pp. 76-79). 

Childs stated that he told the investigators at Southwest Detectives about that shooting. 

He confirmed that they typed down the statement and gave him a chance to review it. He also 

confirmed that the signature at the bottom of the typed statement was his. However, Childs 

stated that although he signed the statement, he did not recall reviewing it. N.T. Volume 3, 

03/07/2014, p. 81). 

Childs also remembered that he went down to the Homicide Division afterwards and 

talked to two detectives there at about 2: 10 pm. Childs remembered being advised of his 

constitutional rights before questioning. (N.T. Volume 3, 03/07/2014, pp. 82-86). 

He indicated that he was truthful to the investigators and that he was not under the 

influence of alcohol, drugs, or medications when he gave the statement. He also confirmed that 

The Defendant did not say anything to Childs on the way back. After Childs found out 

that the victim had been shot dead, he did not discuss it with the Defendant. (N.T. Volume 3, 

03/07/2014, pp. 64-68). 

Childs stated that he remembered giving a statement to homicide investigators about the 

victim's death. He noted, however, that he "never reviewed anything that was said." When 

asked if he remembered what he told investigators when he gave a statement about Crack's 

death, he stated that it was "what I'm telling you now." (N.T. Volume 3, 03/07/2014, pp. 68- 

71). 

Circulated 06/22/2015 12:22 PM
25 

[The Defendant] told me that he was outside and for me to come outside. I went outside 

and got into his car. He had a Green Delta. I got into the passenger's seat of the car. 

Peanut said that he had to go by the Wheels of Soul to check something out. That's when 

I said just go on and take me home. He told me that he was waiting on a call, that he had 

to see somebody. As we were driving, he got a call on his cell phone. It was this girl, 

Rima, that we know calling him. I heard her say, quote, 'that he's here,' end quote. Then 

Peanut answered her by saying, all right, I'll be right there. Then right after that he went 

to 62nd Street between Market and Ludlow Streets. He told me that he had to go see 

someone and that he would be right back. I told him that I was going to walk home 

because my house wasn't that far away from there. And Peanut said, 'No, cuz, I'm going 

to drop you off. Just wait.' 

Childs did not remember saying the following to the investigators: 

99). 

however, that he may have had a memory lapse about it. (N.T. Volume 3, 03/07/2014, pp. 97- 

he told the detective that he himself called the Defendant and asked him for a ride. He agreed, 

telling the detective that the Defendant called him about giving him a ride home. He stated that 

Homicide, although he recognized the penmanship next to the photograph as his. Childs denied 

Childs stated that he did not remember identifying the Defendant's photograph at 

the 5600 block of Addison Street. (N.T. Volume 3, 03/07/2014, pp. 94-95). 

personally called the Defendant "Ant." He also confirmed that back then the Defendant lived in 

Childs confirmed that Peanut's real name was Anthony Washington, and that he 

Volume 3, 03/07/2014, pp. 91-93). 

his memory was better in March 2010 than it was at the time of the Defendant's trial. (N.T. 

know as Peanut" if he could get a ride home. He also confirmed that it would be fair to say that 

he was at 551h and Addison Streets, at his grandmother's place, and that he asked "this guy I 

Childs did not remember telling the Homicide investigators that on November 29, 2009 

87, 89). 

his biographical information on the statement was accurate. (N.T. Volume 3, 03/07/2014, pp. 

Circulated 06/22/2015 12:22 PM
26 

in his statement, he said: 

Childs stated that he did not recall talking to the Defendant the following day; however, 

don't recall seeing no gun." (N.T. Volume 3, 03/07/2014, pp. 109-112). 

have a memory loss. "Certain things I just don't remember. Like, I have a shorter memory. I 

put it into a pocket of a black hoodie that he was wearing. He indicated, however, that he did 

the gun the Defendant was holding appeared to be a .45 caliber gun, an automatic, and that he 

was holding a big black gun in his hand. He had no recollection of telling the investigators that 

the gun on the Defendant, or telling the investigators that when the Defendant got into the car, he 

"real paranoid, scared" after he got into the car. He stated that he did not remember either seeing 

He also noted that he did not remember telling the investigators that the Defendant was 

(N.T. Volume 3, 03/07/2014, pp. 105-106). 

That's when I heard the gunshots. It was, like, five, six shots that I heard. Then, 

like, five minutes later, Peanut came running around the comer from behind me, like, 

from Market Street, and he jumped into the passenger seat. And I asked him, 'What 

happened, what happened?' And he said, 'Just pull off, cuz. I'm about to drop you off at 

home. Just go ahead and pull off.' I asked him, 'What's going on?' He was shook up, 

nervous. He was looking around to see what was behind us like he was nervous. I know 

that. 

Childs also stated that he did not recall informing the investigators about what happened 

while he was waiting for the Defendant in the car: 

(N.T. Volume 3, 03/07/2014, p. 103). 

Peanut got out of the car. He walked toward Market Street. I saw him turn down Market 

going towards 61 st Street. That's where the Wheels of Soul is at. I was waiting there, like, 

a good half hour. I got into the driver's seat while I was waiting for him to come back. 

When Peanut got out of the car, he said to me that Blizz and Hawk were up there. They 

were meeting him there. 

that he did not remember telling the following to the investigators: 

He also denied that the Defendant told him that Blizz and Hawk were up there. He stated 

(N.T. Volume 3, 03/07/2014, pp. 100-101). 

Circulated 06/22/2015 12:22 PM
27 

(N.T. Volume 3, 03/07/2014, p. 121). 

Yes. I saw Blizz and Hawk. They were at the comer of Millick and Market Streets. I saw 

that Blizz had a wrap on his hand. I remember that Blizz did have a wrap on his hand 

back in late November, December, but I don't know ... why he had to wear the wrap. It 

was, like, from a doctor's office." 

video: 

noted that he did not recall stating to the investigators that he recognized Blizz and Hawk on the 

Childs confirmed that while he was at Homicide, detectives showed him a video. He 

pp. 119-20). 

investigators their real names Darian (Blizz), and Kenny (Hawk). (N.T. Volume 3, 03/07/2014, 

from the statement," he did know Blizz and Hawk. Childs was not sure if, in fact, he gave the 

agreed that he could have given such a statement. He acknowledged that "separate and apart 

Childs also did not remember giving a statement about Blizz and Hawk; however,. he 

p. 115-16). 

he did not remember giving that information to the investigators. (N.T. Volume 3, 03/07/2014, 

Cracks was "out of here" meanirig that the Defendant had killed Cracks, Childs stated at trial that 

got killed." However, while in the statement he indicated that the Defendant said to him that 

He confirmed that he said in his statement that Cracks was Omar Williams, "the one that 

selling out?" (N.T. Volume 3, 03/07/2014, pp. 114, 118-19). 

"sell out," "a little soft." He also had no recollection of the Defendant asking him, "Why are you 

Childs did not remember anyone ever telling him that the Defendant thought he was a 

(N.T. Volume 3, 03/07/2014, p. 113). 

I asked him, 'What happened?' He told me that, 'I got him out of here.' I said, 'You got 

who out of here?' He said, 'Crack, I got him out of here.' I asked him, 'Why didn't you let 

me know what was happening?' And he said, 'It was just you asked me to take you 

home. I wanted to take care of something and it was up your way.' 

Circulated 06/22/2015 12:22 PM
28 

He first stated that he did not remember being shown photographs of Hawk and Blizz and 

identifying them both by their nicknames and real names. He stated that he also did not 

remember pointing out the photographs of the Defendant and the decedent and being asked to 

sign the photographs. However, moments later, Childs stated that he remembered identifying 

"Hawk, Kenny," and "Blizz, Darian" on the photographs, making notations on the photographs 

and signing them. He also identified the photographs of the victim and the Defendant. (N.T. 

Volume 3, 03/07/2014, pp. 124, 130-32). 

Childs had no recollection of telling the investigators about Rima, the female who called 

the Defendant the night of the incident. He denied knowing a girl named Rima, or ever hearing 

about her. (N.T. Volume 3, 03/07/2014, pp. 125-26). 

Childs did not recall reading over the five-page statement. He confirmed that the 

signature on each page was his; however, he stated that he was in such a rush to get out of there 

that he "could have signed [his] life away." (N.T. Volume 3, 03/07/2014, pp. 126-28). 

Childs also stated that he did not remember reviewing the Statement of Adoption 

Attestation. He confirmed that the statement bore his signature and that he remembered signing 

the statement, but he indicated that he "just was signing stuff to . . . get out of there and go 

home." (N.T. Volume 3, 03/07/2014, p. 129). 

He acknowledged that the signature on the Non-consent to Videotape Interview was his, 

but stated that he did not remember being asked whether he wanted to go on videotape or not. 

(N.T. Volume 3, 03/07/2014, p. 130). 

He also stated that he did not remember saying to the investigators that he "can't really 

say if [he] saw [Blizz and Hawk] the day this happened." (N.T. Volume 3, 03/07/2014, pp. 122- 

23). 

Circulated 06/22/2015 12:22 PM
29 

11 Childs gave another statement at Homicide on March 23, 2010. 

shooting death of Omar Williams which was assigned to Detective Howard Peterman. Detective 

Detective George Fetters testified that he became involved in the investigation of the 

Cracks was shot. (N.T. Volume 3, 03/07/2014, pp. 144-45; 148; 150-51). 

remembered with absolute certainty was that the Defendant was in the Chinese store when 

I didn't read nothing that was written down." Childs confirmed that the only thing he 

gun. He also stated that he signed some of the "stuff' because he "just wanted to get out of there. 

On cross-examination, Childs confirmed that he had never seen the Defendant with a 

threatening calls afterwards. (N.T. Volume 3, 03/07/2014, p. 139-42). 

caller had said to him and that he did not recognize the caller's voice. He did not receive other 

telephone call affected his ability to remember, Childs said that he did not even recall what the 

He stated that he did not remember receiving that phone call. When asked whether that 

(N.T. Volume 3, 03/07/2014, p. 138). 

The other day after leaving here I received a phone call on my cell phone from a private 

number. It was a male voice, and the guy said, 'I heard you were telling.' I responded, 

'Who's this and what you talking about?' The voice then said, 'If it's true, I'm on your top.' 

I then hung up. I then called here . . . and then Detective Peterman called me back and 

asked me to come in today. 

any other information or giving this answer: 

Childs stated that he did not remember being questioned that day as to whether he had 

remember how long apart those visits were. 

11 (N.T. Volume 3, 03/07/2014, pp. 135-36). 

McDermott (first name not stated) and Serrano (first name not stated) but stated that he did not 

He remembered being down at Homicide again and giving a statement to Detectives 

03/07/2014, pp. 133-34). 

did not remember reaching out and calling Detective Peterman afterwards. (N.T. Volume 3, 

Childs stated that when he left Homicide that day, he returned to his neighborhood. He 

Circulated 06/22/2015 12:22 PM
30 

Fetters stated that he initially came in contact with William Childs, 0, at the Homicide Division 

at gth and Race. Prior to coming to the Homicide Division, Childs had given a statement at 

Southwest Detectives. (N.T. Volume 4, 3/11/2014, pp. 5-6). 

Detective Fetters confirmed that he was aware that Childs came in contact with 

Southwest Detectives that day because there was a shooting incident in the area of 5600 Addison 

Street when Childs was present with his young daughter. Childs was then brought to Homicide 

as "the guy [they] want to talk to." (N.T. Volume 4, 3/11/2014, pp. 29, 34). 

Detective Fetters indicated that he took a verbatim statement from Childs on March 17, 

2010, regarding the victim's shooting death on November 29, 2009. Prior to taking the 

statement, he advised Childs of his constitutional rights. Childs did not appear to be under the 

influence of any drugs or alcohol when Detective Fetters talked to him. In addition to Detective 

Fetters, a fellow detective, Robert Fetters, was also present during the interview. (N.T. Volume 

4, 3/11/2014, pp. 7-11). 

Detective Fetters confirmed that Childs indicated in his statement that the day of the 

shooting, he was at his maternal grandmother's house at 55th and Addison Streets. Childs also 

stated that earlier, he asked the Defendant for a ride home; the Defendant promised to give him a 

call when he "[got] back around the way." Childs stated that the Defendant was from 5600 block 

of Addison Street. He identified the Defendant on the photograph. (N.T. Volume 4, 3/11/2014, 

pp. 11-12). 

Detective Fetters noted that Childs stated that hours later - after 1 :00 a.rn. - the 

Defendant called him and told him that he was outside. Childs then left the house and got into 

the passenger seat of the Defendant's car, a green Delta. The Defendant told him that he had to 

drive by the Wheels of Soul club to check something out. Childs indicated to Detective Fetters 

Circulated 06/22/2015 12:22 PM
31 

that he protested because he wanted to go straight home; he said that he would just walk home 

because it was not far away from where they were. The Defendant, however, insisted on making 

a stop to see someone he had to see. Childs testified that as they were driving, the Defendant 

received a phone call from a girl named Rima on his cell phone. Childs stated that he heard her 

say: "He's here." Immediately thereafter, the Defendant went to 62nd Street between Market and 

Ludlow Streets. The Defendant then got out of the car, and according to Childs, he went down 

Market Street toward 61 st Street, where the Wheels of Soul is located. He asked Childs to wait 

for him and promised to be right back and then drop Childs off. (N.T. Volume 4, 3/11/2014, pp. 

13-14). (N.T. Volume 4, 3/11/2014, pp. 13-14). 

Detective Fetters indicated that Childs explained that the Defendant told him that Blizz 

and Hawk were up there waiting for him. Childs estimated that he was waiting for the Defendant 

"like, a good half hour." After that half hour had passed, he heard five to six gunshots. He got 

into the driver's seat while waiting for the Defendant to come back. Then, about five minutes 

later, the Defendant came running around the comer, from Market Street, he jumped into the 

passenger seat. He ignored Childs' question as to what had happened. Childs stated that the 

Defendant was nervous and looked "shook up." (N.T. Volume 4, 3/11/2014, p.14). 

According to Childs, the Defendant said, "Just go." Childs then pulled up to the comer 

of Dewey Street, got off and walked down to his house. He did not hear from the Defendant 

until the next day. Childs stated that when the Defendant got into the car, he was holding a gun 

in his hand, a big black gun, an automatic, "like a .45 caliber or something." In the car, the 

Defendant put the gun into a pocket of a hoodie he was wearing. (N.T. Volume 4, 3/11/2014, 

p.15). 

Circulated 06/22/2015 12:22 PM
32 

Detective Fetters testified that Childs also stated that on the following day he talked to 

the Defendant and asked him to explain exactly what had happened. Childs noted that the 

Defendant's response was that he "got him out of here" and that the Defendant, in fact, meant 

"Crack." Childs also indicated that, according to the Defendant, the reason the Defendant had 

not informed Childs of his true intentions earlier was simply that the business he needed "to take 

care of' was on the way to Childs' home anyway. Childs also stated that he heard from others 

later that the Defendant was referring to him as a "sell out." (N.T. Volume 4, 3/11/2014, p.16). 

(N.T. Volume 4, 3/11/2014, p.16). 

Detective Fetters stated that Childs also noted that the real name of the victim was Omar 

Williams. Childs noted that he interpreted 'He's out of here' to mean that the Defendant killed 

Williams. He stated that he heard that the decedent was from Callowhill, 61 st or 62°d Street, and 

that the Defendant never told him why he had killed him. "When we were talking about what 

happened, he, [the Defendant], said, 'Why, are you selling out on me, cuz?' I said to him, 'No, 

but you could have told me what was going on,' stuff like that." (N.T. Volume 4, 3/11/2014, 

pp.16~17). 

Detective Fetters indicated that Childs explained that he knew who Blizz (Darian) and 

Hawk (Kenny) were and that they hung out with the Defendant down on his block, at 56th and 

Addison Streets. He stated that he knew them through the Defendant; he did not know their last 

names. (N.T. Volume 4, 3/11/2014, p.17). 

Detective Fetters stated that Childs told him that he recognized Blizz and Hawk on the 

video. He stated that he saw them that day as they were standing at the comer of Millick and 

Market Streets. He stated that Blizz had a white wrap, "like an Ace bandage," on his hand in late 

November - December though Childs did not know why. Moments later, Childs said he could 

Circulated 06/22/2015 12:22 PM
33 

Detective Fetters also stated that Childs reviewed the Statement of Adoption Attestation 

and adopted the verbatim statement, acknowledging by his signature "that the facts set forth in 

this statement are true and correct to the best of [his] knowledge, information, and belief." The 

Statement of Adoption Attestation was also signed by Detective Robert Fetters. (N.T. Volume 4, 

3/11/2014, p. 22). 

Detective Fetters also stated that he gave Childs an opportunity to go on video if he 

wanted but that Childs declined by signing a non-consent statement, which Detective Robert 

Fetters signed as a witness. (N.T. Volume 4, 3/11/2014, pp. 23-24). 

Detective Fetters also stated that after Childs was interviewed, his statement was turned 

over to Detective Peterman. The District Attorney's Office was also apprised of the interview. 

not really say if he saw Blizz and Hawk that day. Detective Robert Fetters then showed him two 

photographs and Childs identified Blizz (Darian) on the first photo, and Hawk (Kenny) on the 

second photo, wrote the names he knew them by, then signed underneath and wrote the date, 

3/17 /10. He also identified and signed and dated the photographs of the victim, Omar Williams 

(Crack (sic)), and the Defendant (Peanut). (N.T. Volume 4, 3/11/2014, pp.18-19, 24-25). 

Detective Fetters also stated that according to Childs, he did not know the full name of 

Rima, the female who, he said, called the Defendant the night of the incident although he knew 

where she lived and described how she looked. He also indicated that she "hangs with" the 

Defendant and that he thought that Hawk was seeing her. (N.T. Volume 4, 3/11/2014, pp.19-20). 

Detective Fetters stated that after the statement was completed, Childs had an opportunity 

to review it and make any corrections if necessary. He did not make any corrections to the 

statement and signed each page in Detective Fetters' presence. (N.T. Volume 4, 3/11/2014, pp. 

20-21). 

Circulated 06/22/2015 12:22 PM
34 

Newsome stated that he and his cousin Darian Brown (Blizz) were in Darby when he got 

a phone call from the Defendant. The mother of Brown's baby was also at the Darby apartment 

when the Defendant called. (N.T. Volume 4, 3/11/2014, pp. 42-45.) 

Newsome confirmed that at that time, the Defendant was having a problem with an 

individual nicknamed Cracks. It was a "feud back and forth," a "[N]orth side/[S]outh side 

thing." The Defendant asked Newsome and Brown to meet him down on Market Street, to be 

his lookouts - to watch out for the police, and to make sure that he was safe. Newsome and 

Brown drove there together, in Brown's car. (N.T. Volume 4, 3/11/2014, pp. 46-49, 52). 

Newsome stated that he grew up in West Philadelphia. He was familiar with the 

intersections around the area of 61 st and 62"d Streets, and he knew an after-hours club, the 

Wheels of Soul, located in the area. Newsome and Brown met up with the Defendant on Dewey 

Street. The Defendant was there with his friend 0. (N.T. Volume 4, 3/11/2014, pp. 50-52). 

The Defendant told Newsome that he received a telephone tip that Cracks was at the 

Wheels of Soul. He was waiting for Cracks to come out. "We had to go post up and wait on the 

corner to see if any cops were coming .... " (N.T. Volume 4, 3/11/2014, pp. 53-54). 

Newsome stated that they initially stood on the comer of Dewey Street. Because there 

was too much traffic there, they went up to Arch Street and came back down toward 61 st and 

Childs' statement was not disseminated to public and was not "put on some website." (N.T. 

Volume 4, 3/11/2014, pp. 26, 31). 

James Newsome (Hawk) testified that the Defendant was his blood cousin and that their 

mothers were sisters. He confirmed that in the early morning hours of Sunday, November 29, 

2009, he was in the vicinity of the 6100 block of Market Street. (N.T. Volume 4, 3/11/2014, p. 

42). 

Circulated 06/22/2015 12:22 PM
35 

Market Streets. Eventually, they set up at Millick Street, near a Puerto Rican store, "watching 

for the cops." (N.T. Volume 4, 3/11/2014, p. 54). 

At some point, Newsome got a phone call from the Defendant, who informed him that 

Cracks was wearing an orange or red shirt. The Defendant asked Newsome to call him if they 

spotted him first. After they spoke on the phone, Newsome and Brown went to the alleyway. 

From that vantage point, they could see Cracks' vehicle. (N.T. Volume 4, 3/11/2014, pp. 56-58). 

They later got a phone call that Cracks was coming up the street. Eventually, they were 

able to see him. "And once he got in the car, that's when everything happens." When asked to 

explain what it means, Newsome explained that it means that "Cracks was murdered." (N.T. 

Volume 4, 3/11/2014, p.58). 

Newsome stated that when the victim got into his car, the Defendant went out toward the 

car with a gun in his hand. The victim started the engine, and the Defendant then "shot at the 

car, shots were fired." Newsome noted that while he did not see how the Defendant was actually 

pointing the gun, he saw him "sprinting out towards the car" with a gun in his hand. The 

Defendant was shooting at the passenger side of the vehicle; Newsome heard about seven shots. 

The car crashed. Newsome ran though the alleyway down 61st Street toward Arch Street. The 

Defendant was running with him. (N.T. Volume 4, 3/11/2014, pp.59-62). 

Newsome and Brown then returned to Upper Darby. The Defendant told them later that 

he killed him and that "he was happy he did it." (N.T. Volume 4, 3/11/2014, pp.62-66). 

Newsome stated that he did not know the victim personally, though he went to school 

with his brother. When shown the video from that night, Newsome stated that he recognized 

himself and Brown. On the video, Newsome was talking on the phone with the Defendant. 

Newsome and Brown were looking down Market Street toward the after-hours place. Newsome 

Circulated 06/22/2015 12:22 PM
36 

called them in Darby; in reality, he spoke with Newsome. Newsome said that he lied about it 

Cracks. He also admitted that he lied that the Defendant talked to Brown on the phone when he 

At trial, Newsome admitted that he was aware that the Defendant was going to kill 

not want to put himself and the Defendant "in the situation." (N.T. Volume 4, 3/11/2014, p. 76). 

there was going to be a fistfight between the Defendant and Cracks. He did so because he did 

He noted, however, that he actually lied when he said in his statement that he believed 

(N.T. Volume 4, 3/11/2014, pp. 74-75). 

Me and my cousin, Darian Brown, was at our apartment in Darby .... My other cousin, 

Ant, Anthony Washington, called Darian .... He had some trouble with some guy in the 

Wheels of Soul who he had trouble with before. Me and Darian drove down to Dewey 

Street and met with Ant near Millick Street. Millick Street is where the Puerto Rican 

store with the camera is. That's where me and Darian set up. We was to look out for the 

boy Cracks and let Ant know when he was coming. Ant was set up in the alley about four 

houses up closer to 61st Street. We was between 60th and 61st. Ant had told us went we 

met up that he was setting up on Cracks' car near the alley. We was to look for the cops 

too and make sure he was cool. 

Newsome confirmed that he was truthful when he said: 

Defendant. (N.T. Volume 4, 3/11/2014, pp. 71-73, 90-91). 

truthful the first time he met with the detective because he was protecting his cousin, the 

asked him what he knew about the incident. Newsome noted, though, that he was not entirely 

that he gave a statement to Detective Peterman, who advised him of his constitutional rights and 

was questioned about what information he had in regard to the victim's shooting. He confirmed 

December 24, 2013 when he was picked up and brought down to the Homicide Division. He 

At trial, Newsome recognized the statement that he gave to the Homicide investigators on 

66-68, 70-71). 

instructing them to do so. Newsome then went to the alleyway. (N.T. Volume 4, 3/11/2014, pp. 

stated that he and Brown left the comer because they got a phone call from the Defendant 

Circulated 06/22/2015 12:22 PM
37 

Volume 4, 3/11/2014, pp. 80, 85-89, _106). 

that, as part of the agreement, he was obligated to testify truthfully at the Defendant's trial. (N.T. 

maximum period of incarceration of 20 to 40 years for that crime. He stated that he understood 

Attorney that he would plead guilty to the charge of conspiracy to commit murder, with a 

Newsome stated that through his attorney, he reached an agreement with the District 

Volume 4, 3/11/2014, pp. 83-84, 102). 

charged with felony possession with the intent to distribute a controlled substance. (N.T. 

weapons and marijuana possession. Newsome was also arrested December of 2013 and was 

and that he was arrested just a couple of weeks before the Defendant's trial and was charged with 

Newsome also confirmed that there were two open cases pending against him at that time 

the shooting firsthand. (N.T. Volume 4, 3/11/2014, pp. 79, 81). 

on March 4, 2014, just about one week before the trial, he told them that he actually witnessed 

The Defendant noted that when he eventually gave a statement to Homicide investigators 

(N.T. Volume 4, 3/11/2014, p. 78). 

[He) was there and he ... basically was glorifying what he did. He said he was in the 

alley waiting for the boy Cracks to get in his car, waiting until Cracks started the car. Ant 

ran up to the car and started shooting. He said the car pulled out and crashed across the 

street. He said he ran the same way he came out of. 

killing from the Defendant only during a winter cookout at his cousin Venus' house: 

In addition, Newsome conceded that he stated, untruthfully, that he learned about Cracks' 

protecting his cousin. (N.T. Volume 4, 3/11/2014, pp. 76-78). 

about it in his initial statement because he was trying not to "involve" himself and was also 

fact, he did see the Defendant shoot Cracks. Newsome explained that he misled the detectives 

stated that he only heard the shots being fired but did not see the actual shooting of Cracks. In 

earlier because he was trying to protect himself. Newsome also admitted that he lied when he 

Circulated 06/22/2015 12:22 PM
38 

Miles Powell testified that he lives in West Philadelphia andthat he grew up in South 

Philadelphia. He stated that sometime in December of 2009, he purchased a handgun from 

"Rob," for five hundred dollars. (N.T. Volume 4, 3/11/2014, p. 111). 

Powell testified that "Rob" called him and told him he had a firearm for sale. Rob 

informed him it was a ".40 Beretta," an automatic. After Powell agreed to purchase the gun, 

Rob instructed him to go to West Philly, off 57th Street, and meet him "on the little block." 

Powell pulled up, and Rob came to the passenger side window, showed him the gun, and asked 

him for the money. Powell then gave him the money, and Rob gave him the gun. Powell tried to 

negotiate but Rob said he would not go down on the price because the gun was not his. Powell 

testified that during the transaction, the Defendant was standing on the pavement and was 

watching them. Powell did not recall if anyone else was present, other than the Defendant. After 

purchasing the gun, he took it home. He could not recall the exact date of purchase. (N.T. 

Volume 4, 3/11/2014, pp. 111-120). 

Powell was asked to take a look at the gun used as an exhibit in the courtroom. He 

recognized it as the gun he had purchased. (N.T. Volume 4, 3/11/2014, p. 119). 

On January 11, 2010, Powell was stopped by the police. At that point he had the gun 

approximately for two-three weeks at the most, "not even a month." When he was stopped in 

South Philadelphia, he was in his cousin's car. The gun was in the trunk of the car, under a 

bunch of clothes. (N.T. Volume 4, 3/11/2014, pp. 120-21). 

Eventually, Powell was arrested and served eight months. Detectives contacted him 

about the gun in the trunk of his car upon his release from prison. He was contacted in 

December, a little less than a year after his arrest. (N.T. Volume 4, 3/11/2014, p. 121). 

Circulated 06/22/2015 12:22 PM
39 

They brought him down to Homicide on December 7, 2010 and questioned him about 

where exactly he got that gun. He was shown a photo array, and he identified the individuals 

who were present when the gun was being sold. (N.T. Volume 4, 3/11/2014, p. 122). 

He remembered identifying the Defendant as "the boy that was standing on the pavement 

with Rob when (he] purchased the gun," and he confirmed that the signature on that photograph 

was his. He also confirmed that when he was brought to Homicide the following day, he 

identified the photograph of Rob as the person who had sold him the gun. He confirmed that the 

signature on that photograph was his, too. (N.T. Volume 4, 3/11/2014, p. 123-24, 126). 

Powell said that he was on probation for the firearm violation. He also said that he had 

another open case, a felony drug case, and that his trial was scheduled for March 13, 2014. (N.T. 

Volume 4, 3/11/2014, pp. 127-28). 

He confirmed that the Commonwealth would not do anything on his drug case or his 

open probation, but that if he were to be convicted and had to go before his sentencing judge or 

for a probation violation hearing, the District Attorney would notify the court of the extent of his 

cooperation in this case. Powell noted that he had no other agreement with the Commonwealth. 

(N.T. Volume 4, 3/11/2014, p.29). 

On cross-examination, Powell stated that he purchased the gun at nighttime and that the 

transaction took about two minutes at the most. He also confirmed that he had never seen the 

Defendant before that day and that on the day of the transaction he saw him for about two 

minutes. He stated that the Defendant looked like the person who was standing on the pavement 

during the transaction, but he conceded that it was nighttime and that he could not be sure about 

it. He also confirmed that when he was arrested, the police showed him a photograph which the 

police circled. (N.T. Volume 4, 3/11/2014, pp. 130-33, 135-36). 

Circulated 06/22/2015 12:22 PM
40 

Robert Cropper testified that the Defendant is the godfather of his daughter and that he 

and the Defendant had attended school together. He testified that he did not know Blizz and 

Hawk but that he knew Childs (0), with whom he had also attended school. He did not think 

that Childs and the Defendant were friends. (N.T. Volume 1, 03/12/2014, pp. 6-7). 

Cropper testified that he was not involved in the sale of a firearm in December 2009, on 

the 5700 block of Addison. Cropper explained that around that time he was "going through it" 

with his wife, and that he was taking pills and drinking heavily. He also used to be a heavy drug 

addict. As a result, his memory was affected. Cropper explained, however, that his drug 

addiction did not affect his ability to remember where he ever lived. (N.T. Volume 1, 

03/12/2014, pp. 6-11). 

Cropper stated that he knew an individual nicknamed "Boo," Miles Powell. Powell lived 

across the street from him in South Philly. He also stated that he knew Cuz. However, he did 

not remember ever having a conversation with Cuz about selling a firearm or ever speaking or 

meeting with Powell about purchasing a gun. (N.T. Volume 1, 03/12/2014, pp. 8-9). 

Cropper remembered having a conversation with homicide investigators at the Homicide 

Division about Boo and the sale of the gun. Cropper believed that Boo must have been locked 

up with a gun and lied about buying it from him. He stated that he did not remember that Boo 

ever called him to demand his money back. (N.T. Volume 1, 03/12/2014, pp. 11-12). 

Cropper testified that when homicide detectives asked whether the Defendant had given 

him a gun to sell, he told them that he had not. He said that they threatened to send him to jail if 

he did not say that he got the gun from the Defendant to sell. (N.T. Volume 1, 03/12/2014, p. 

13). He confirmed that they asked him if he knew anything about the sale of the Defendant's 

Circulated 06/22/2015 12:22 PM
41 

(N.T. Volume 1, 03/12/2014, pp. 20-21). 

A. I wasn't there. I just was there to get picked up. I was across the street. 

Q. Did you get in the car? 

A. No, I didn't even get in the car with him. 

Q. If you called Boo from South Philly to come to pick you up and give you a ride, why 

didn't you get in the car? 

A. Because I went somewhere else. 

Q. Where did you go? 

A. I think I went to my mom's house on 59th Street. 

details about the Rice-Boo interaction: 

Cropper indicated that because he was not there, he was not in a position to provide other 

else (he] was doing over." (N.T. Volume 1, 03/12/2014, pp. 18-20). 

meantime, Cropper himself was "across the street talking to somebody else or doing whatever 

home. Cropper then introduced him to "Twan" (Rice) and the two started talking. In the 

other in South Philadelphia. He maintained that the only reason he called Boo was to get a ride 

Addison Street to give him a ride home, and explained that they live across the street from each 

Cropper stated that he originally called Powell (Boo) to come up to the 5700 block of 

03/12/2014, pp. 16-17). 

denied that the Defendant was present when Boo met with Antoine. (N.T. Volume l, 

the 5700 block of Addison Street. On that day, Boo met with Antoine Rice at that location. He 

Cropper stated that that statement refreshed his memory about something that had happened in 

District Attorney met that morning and went over the statement which he had given earlier. 

He insisted that the Defendant did not give him the gun. He confirmed that he and the 

Volume 1, 03/12/2014, pp. 13, 15). 

gun, and that he denied it. He also confirmed that he gave a statement to the detectives. (N.T. 

Circulated 06/22/2015 12:22 PM
42 

Under further questioning, however, he agreed that the answer sounded "about right." 

(N.T. Volume 1, 03/12/2014, p.27). 

Around December of '09 I was standing outside of my parole office at 58th and Market 

Street when I ran into a guy named Cuz. Cuz asked me if I knew anybody with some 

burners. I told him, no, because I wasn't into that. 

Cropper was "pretty sure" that he did not remember stating the following to the 

detectives: 

he may have been high. (N.T. Volume 1, 03/12/2014, pp. 25-26). 

He confirmed that he remembered being high "all the time," and that when they interviewed him 

when the detectives interviewed him, he was probably intoxicated with either pills or alcohol. 

statement were not his because he "was always high and drinking around that time." He said that 

the interview took place on January 26, 2011. However, he stated that the answers on the 

other than they were "two big black guys." He stated that he only "guessed" he remembered that 

He also stated that he did not remember the two detectives who interviewed him that day 

Volume 1, 03/12/2014, pp. 21-25). 

contained true information. He said that it was long ago and he did not remember. (N.T. 

that he was not sure that the statement, read to him earlier the same day by the District Attorney, 

did not recognize a copy of the statement that he gave to homicide investigators. He also stated 

confirmed that his personal information on the statement was correct. However, he stated that he 

what he knew. When shown a statement that he gave to the detectives on January 26, 2011, he 

Cropper noted that when he spoke with the detectives, he did tell them the truth about 

03/12/2014, p. 21). 

his mom's at 59th Street. He said he was not sure who else was out there. (N.T. Volume I, 

He explained that he ended up not getting into Boa's car because he started walking to 

Circulated 06/22/2015 12:22 PM
43 

(N.T. Volume 1, 03/12/2014, p. 35). 

the wheel of the car?" as well as giving this answer, "I don't' know, but I believe it was a gun." 

talking to Twan. He also denied being asked this question, "Do you know what Twan took from 

However, at trial he denied that the Defendant was out there and insisted they were 

(N.T. Volume 1, 03/12/2014, p. 34). 

I just left Ant's house on the block when Boo drove up and parked in the middle of the 

5700 block of Addison Street. When Boo drove up, Ant and a couple of other guys 

crossed the street to meet them, then Cuz and Boo got out of the car. I walked up and 

shook both their hands. I walked away and stayed on the other side of the comer of 56th 

and Addison Streets. Boo and Cuz started talking to Ant, then Twan walked over to a car 

and took something off the passenger side wheel well and put it in his waist. 

Cropper stated that the following answer was read correctly by the DA: 

penmanship looked familiar. (N.T. Volume 1, 03/12/2014, pp. 33-34). 

However, he said that he did not know who wrote "Toine" above it, and he was not sure if the 

then said that he remembered identifying the picture, and he recognized the signature as his. 

He did not "really remember" identifying Twan on a black-and-white photograph. He 

03/12/2014, 2014, p. 31). 

somehow or I'm going to jail, but he wasn't -- he didn't sell anything." (N.T. Volume 1, 

He said, "I guess that's when the detectives was, like, you got to involve Anthony 

(N.T. Volume 1, 03/12/2014, p. 31). 

.. .I got a call from Twan telling me Ant was trying to shake some joints. Twan told me 

to call my folks ASAP. I then called Cuz in South Philly and told him that my people 

have a joint. Do you want to grab it? Cuz said all right and that he was on his way. I told 

him to meet me at 57th and Addison. 

However, he denied stating to the detectives: 

him to call him if he heard anything. (N.T. Volume 1, 03/12/2014, pp. 29-31). 

He also stated that it sounded "about right" that Cuz gave him his cell phone number and asked 

Circulated 06/22/2015 12:22 PM
44 

don't need to read it. ... You don't really read it. You just sign it." Cropper confirmed, however, 

asked, why he did not review the statement, he said, "For what? You don't need to sign shit. You 

he recognized his signature. However, he indicated that he did not review his statement. When 

He stated that he remembered signing the bottom of each page of the statement and that 

was driving a "white Crown Vic." (N.T. Volume 1, 03/12/2014, pp. 43-44). 

Cuz came up that particular day, but said that he did not remember giving the answer that Boo 

He remembered the question about the type of vehicle Boo was driving when Boo and 

(N.T. Volume 1, 03/12/2014, p. 41). 

"Question: How do you know that Ant sold a gun? 

"Answer: Because Boo called me later and said that the gun jammed on him and that he 

wanted his money back. I told Boo that I didn't have anything to do with that and to take 

that shit to where he got it from." 

Cropper also stated that he did not remember talking to Boo about the gun at a later time: 

above it. Cropper denied that the Defendant was out there. (N.T. Volume 1, 03/12/2014, p. 38). 

he recognized his own signature on the photograph, he said he did not know who wrote "Ant" 

He also confirmed that he identified the Defendant on a photograph shown to him. While 

(N.T. Volume 1, 03/12/2014, p. 37). 

knew from South Philadelphia and that that same person showed up on Addison Street that day. 

signature underneath. He confirmed that the person shown in the photograph was someone he 

Cropper remembered being shown Boo' s photograph, and he recognized his own 

was not there that day. (N.T. Volume l, 03/12/2014, p. 36). 

day, no money passed hands. He also stated that the Defendant (whom he identified in court) 

person to the next. I don't know what was sold or if anything was sold or not." He stated that that 

"That was it. I never seen a transaction, never seen anything. I never seen anything pass from one 

Cropper stated that that day, Boo came down and was talking to Twan about something. 

Circulated 06/22/2015 12:22 PM
45 

12 Cropper con finned that earlier, he pied guilty to a charge of aggravated assault and a weapons offense for which 

he received a sentence of four to eight years. He was sentenced on 5/22/2003, and eventually was paroled. His 

parole ended on 10/26/201 l. He confirmed that in 2009, he would have been walking his parole off. (N.T. Volume 

13 03/12/2014, p. 50) 

1 Detective Morton was not the actual assigned investigator, but he worked as a team with the assigned investigator. 

(N.T. Volume 1, 03/12/2014, p. 62). 

"anybody with some burners," meaning if anyone was selling guns. Cuz then gave him his 

and Market Streets when he ran into a guy nicknamed Cuz. Cuz asked Cropper if he knew 

Cropper stated that in December 2009, he was standing outside his parole office at 5gth 

he was not handcuffed. (N.T. Volume 1, 03/12/2014, pp. 60-62). 

from Cropper around 4:20 in the morning on January 26, 2011. Cropper did not appear tired and 

Detective Morton confirmed that he and Detective Holmes took a verbatim statement 

60-62). 

the influence of either drugs or alcohol during the interview.13 (N.T. Volume 1, 03/12/2014, pp. 

present during that interview. Detective Morton stated that Cropper did not appear to be under 

Homicide Unit. Detective Morton stated that Detective William Holmes, now retired, was 

Detective Levi Morton testified that on January 26, 2011, he interviewed Cropper in the 

Volume 1, 03/12/2014, pp. 47, 57). 

he did not want to implicate someone who was the godfather of his child, a close friend. (N.T. 

Copper denied being concerned for his safety if he came in and testified. He agreed that 

cases against him. (N.T. Volume 1, 03/12/2014, p. 48).12 

He stated that he was not currently under parole or probation, and that there were no open 

his signature on the statement. (N.T. Volume 1, 03/12/2014, pp.44-47). 

did not remember being read the Statement of Adoption Attestation. He did, however, recognize 

that when they were asking him questions, he tried to tell the detectives the truth. Cropper also 

Circulated 06/22/2015 12:22 PM
46 

telephone number and asked him to give him a call if he heard anything. (N.T. Volume 1, 

03/12/2014, pp. 65-66). 

Cropper stated that thereafter he received a call from Twan (Rice), who told him that the 

Defendant was trying to "shake some joints" - meaning trying to sell some guns. Cropper 

identified Rice's photograph. (N.T. Volume 1, 03/12/2014, p. 66). 

Cropper stated that he left the Defendant's house on the block "when Boo drove up and 

parked in the middle of the 5700 block of Addison Street." When he drove up, the Defendant 

and "a couple of other guys" crossed the street to meet him. Cuz and Boo got out of the car. 

Cropper then walked up and shook both their hands, upon which he walked away and stayed on 

the other side at the corner of 56th and Addison Streets. Boo and Cuz started talking to the 

Defendant. Then Twan (Rice) "walked over to a car and took something off the passenger side 

wheel well and put it in his waist." Detective Morton confirmed that these were Cropper's 

words, verbatim. (N.T. Volume 1, 03/12/2014, pp. 67-68). 

Cropper testified that he understood that Twan took a gun from the wheel well. When 

Detective Morton showed Cropper a color photo of a black male, he recognized him as Boo 

(Miles Powell). Detective Morton then showed Cropper another color photo of a black male. 

Cropper identified the photo as that of the Defendant, "Ant," "my baby's godfather." (N.T. 

Volume 1, 03/12/2014, p. 68). 

Cropper indicated that he did not see the Defendant sell the gun to Cuz because he 

(Cropper) walked away. He explained that he did not know what kind of gun the Defendant was 

selling but that he knew that the Defendant indeed sold a gun because Boo called him later: Boo 

said that the gun jammed on him and that he wanted his money back. Cropper stated that Boo 

was driving a "white Crown Vic." (N.T. Volume 1, 03/12/2014, p. 68-69). 

Circulated 06/22/2015 12:22 PM
47 

Detective Morton also stated that Cropper signed a Statement of Adoption Attestation 

confirming that he adopted the verbatim statement to the best of his knowledge, information, and 

belief. He signed the statement in Detective Morton's presence, and also put the date and the 

time, 5:45 am, on the statement. (The statement was started at about 4:20 am.) Detective 

Morton stated that he also recognized Copper's signature on some photographs; he also stated 

that Cropper wrote "Taine" above Rice's photograph. Cropper also signed the Defendant's 

photograph and wrote "Ant" above, in his own handwriting. Cropper also signed Boa's 

photograph and put "Boo" above it. (N.T. Volume l, 03/12/2014, pp. 70-73). 

Detective Morton stated that neither he nor Detective Holmes threatened Cropper with a 

parole violation unless he told them that the Defendant was selling a gun. (N.T. Volume l, 

03/12/2014, p. 73). 

Detective Morton also confirmed that he interviewed Miles Powell. Powell had testified 

the previous day that when Detective Morton showed him certain photographs, in particular the 

Defendant's photograph, Detective Morton actually told him which to identify and that Detective 

Morton circled the Defendant's photograph himself. Detective Morton denied that that was the 

case and indicated that Powell picked out the photograph himself. He stated that he showed 

Powell a photo array of eight color photographs, and that Powell recognized "the boy that was 

standing on the pavement with Rob when I purchased the gun," circled that photograph, signed 

and printed his name, and put the date and time. Detective Morton · also stated that no threats 

were made to either Powell or Cropper. (N.T. Volume 1, 03/12/2014, pp. 73-77). 

Detective Morton confirmed that he gave Cropper an opportunity to read the statement. 

Upon reviewing the statement, Cropper signed each page. (N.T. Volume 1, 03/12/2014, p. 69- 

70). 

Circulated 06/22/2015 12:22 PM
48 

"Detective Serrano was not present during Childs' interview conducted six days earlier. (N.T., Volume 1, 

03/12/2014, p. 83). 

{N.T. Volume 1, 03/12/2014, pp. 87-88). 

voice. He also said that no one else made any threats to him in reference to this investigation. 

Peterman called him back and asked him to come in. Childs stated that he did not recognize the 

said that "if it's true, I'm on your top." Childs then hung up and called Homicide. Detective 

cell phone from a private number. A male voice said, "I heard you were telling." The voice then 

Childs testified that after he gave the earlier statement, he received a phone call on his 

days earlier. (N.T. Volume 1, 03/12/2014, pp. 86-89). 

was the same individual who was on the video that was shown to him at his interview several 

on Market Street. He also identified and signed Hawk's photograph. Childs noted that Hawk 

("Hawk"), a friend. Childs said that on the night of the shooting, he was at the Wheels of Soul 

In his statement, Childs stated, inter alia, that he identified a photo of James Newsome 

84-85). 

Childs' statement was a word-for-word, verbatim statement.14 (N.T. Volume 1, 03/12/2014, pp. 

interview process when Childs was interviewed by Detective McDermott. She stated that 

2010, at about 2: 15 in the afternoon, at the Homicide Unit. She was present during the entire 

Detective Norma Serrano testified that William Childs was interviewed on March 23, 

was with." (N.T. Volume 1, 03/12/2014, p. 74). 

noted that Rob handled the transaction but .that the gun belonged to "the light-skinned boy that he 

from a "light-skinned guy from Addison between 56th and 57th Street on Addison." Powell 

He also confirmed that Powell stated, in Detective Morton's presence, that he got the gun 

Circulated 06/22/2015 12:22 PM
49 

Dr. Edwin Lieberman testified as an expert in the field of forensic pathology. (N.T. 

Volume 2, 3/6/2014, p. 127). 

Testimony of Dr. Edwin Lieberman, an Expert in Forensic Pathology 

Expert Testimony 

The Defendant presented one witness, Detective Howard Peterman, who testified that as 

the lead detective, he is made aware of the "contents and generalities of the investigation." As a 

result of his investigation, Detective Peterman became aware of a Sonia Sumiel who was an 

eyewitness to this case. He stated that Sumiel was interviewed, and that her interview was 

memorialized and turned over to the Commonwealth for discovery purposes. (N.T. Volume 1, 

03/12/2014, pp. 136-37). 

Detective Serrano noted that after giving the statement, Childs reviewed it before signing 

and dating it. She confirmed that she recognized Childs' signature. (N.T. Volume 1, 

03/12/2014, pp. 89-90). 

Darryl Lipscomb testified that he was the victim's father. He stated that he last saw his 

son alive on Thanksgiving in 2009, and that his son was healthy, and "in good shape" and "lively 

spirits" at that time. (N.T. Volume 1, 03/12/2014, p. 133). 

Mr. Lipscomb stated that a couple of days after that Thanksgiving, his other son gave him 

a call at about 4 or 5 am, and told him that the victim had been shot. The victim's mother went 

to the Office of the Medical Examiner to identify the victim's remains. Mr. Lipscomb stated that 

at the time of his passing, the victim was 32 years old. (N.T. Volume 1, 03/12/2014, pp. 133- 

34). 

Circulated 06/22/2015 12:22 PM
50 

15 Toxicological screening conducted on the remains of the victim showed that in his bloodstream he had Ecstasy 

and oxycodone. Nothing that was found in the toxicological screen contributed to the victim's death. (N.T. Volume 

2, 3/6/2014, pp. 141-42). 

the type of injuries observed on the victim. Dr. Lieberman confirmed that the series of 

body bag in which the body was transported to his office a projectile which could have caused 

through the skull. Dr. Lieberman also confirmed that prior to autopsy, he recovered from the 

victim's head was in pieces and that in its deformed state it was consistent with having passed 

Dr. Lieberman stated that the projectile found at autopsy in the left frontal lobe of the 

cause death rapidly, and that all three were fatal. (N.T. Volume 2, 3/6/2014, pp. 132-40, 142- 

43).15 

that gunshot wound alone. Dr. Lieberman stated that each of the wounds, in and of itself, could 

victim's lung on each side as well as through his heart. The victim bled to death internally from 

upward into his brain. Gunshot wound C, a perforating gunshot wound, went through the 

was a penetrating gunshot wound to the right side of the jaw. The gunshot went forward and 

head. The gunshot went forward through the victim's skull into his brain. Gunshot wound B 

The gunshot wound labeled A was a gunshot wound to the top and back of the decedent's 

(N.T. Volume 2, 3/6/2014, pp. 132-40, 142-43). 

fire. Neither the decedent's clothing nor the wounds on his body had any residue around them. 

The decedent had a total of three gunshot wounds. There was no evidence of close-range 

sweater, both with two gunshot defects. (N.T. Volume 2, 3/6/2014, pp. 129-31). 

received with clothing, which included, inter alia, a bloody black shirt and a red pull-over style 

Lieberman's office and identified by his mother and girlfriend. The decedent's body was 

on November 29, 2009, at 5:09 in the morning, and that his remains were then transported to Dr. 

of the victim Omar Williams, who was pronounced dead inside a vehicle at 6000 Market Street, 

Dr. Lieberman stated that he was involved in the post-mortem examination of the remains 

Circulated 06/22/2015 12:22 PM
51 

3/11/2014, pp. 146-48). 

he is trained to go out to crime scenes, secure video, and present it in court. (N.T. Volume 4, 

both state and federal courts and that he is certified as a forensic video technician. He stated that 

video from digital recorders. Detective Dunlap testified that he has been qualified as an expert in 

instructors for the DIVRT program and helped teach other detectives the basics for recovering 

had recovered video from digital recorders of over 500 crime scenes. He was also one of the 

the FBI and by the Law Enforcement Video Association. He stated that in the last five years, he 

Detective Dunlap stated that he had been trained by the Audio/Digital Forensic Unit of 

Volume 4, 3/11/2014, pp. 145- 146). 

("DIVRT"), a cooperative effort between the FBI and Philadelphia Police Department. (N.T. 

technical aspects, mainly video, as a member of Digital Imaging Video Response Team 

of Omar Williams. He stated that he does not handle live investigations, but that he handles the 

Unit and that on November 29, 2009, he was involved in the investigation of the shooting death 

Detective James Dunlap testified that he is assigned to the Philadelphia Police Homicide 

Testimony of Detective James Dunlap, Expert in Forensic Retrieval of Digital Imaging 

Video 

chest and that the manner of death was homicide. (N.T. Volume 2, 3/6/2014, pp.144-47). 

degree of medical certainty that the victim died as a result of the gunshot wounds to his head and 

being fired from the passenger's side of the car. Dr. Lieberman concluded within a reasonable 

Dr. Lieberman concluded that the injuries he observed were consistent with the shots 

recovered by him at autopsy. (N.T. Volume 2, 3/6/2014, pp. 136-37, 140, 146-47). 

projectiles were in substantially the same condition in the courtroom as they were when 

Circulated 06/22/2015 12:22 PM
52 

16 The first location was JR's Tattoo and Body Piercing at 6110 Market Street. The second location was Market 

Grocery with an address of 6033 Market Street, and the third location was Jess and Ron's place located at 6054 

Market Street. Detective Dunlap stated that there was "an hour [of video] from IR's Tattoo Parlor, two hours from 

Jess and Ron's Place, and three hours from Market Grocery," spanning a timeframe beginning before the incident 

happened until a few minutes after its conclusion. (N.T. Volume 4, 3/11/2014, p.149, 171). 

the red light. Another car pulled out of a parking spot, and "travel[ed] across Market crossing 

crossing the intersection of 61 st and Market Streets. The video then showed a car pull up toward 

adjacent camera, which went westbound on Market Street. The video showed how they were 

Detective Dunlap explained that the individuals on the video were walking into the 

pp. 150-52). 

male in the front in red - was identified as the decedent in the case. (N.T. Volume 4, 3/11/2014, 

door to the Wheels of Soul and walking through that camera view. In fact, one of them - the 

exterior wall facing eastbound on Market Street. The video showed three males exiting the front 

only about two minutes worth presenting at trial. The clip showed a view from the camera on the 

the incident for the two exterior cameras. After going through that entire video, he identified 

made the relevant adjustment, and offloaded one-hour blocks surrounding the time frame of 

video recorder. Detective Dunlap established that that video machine was 49 minutes fast, so he 

He started by going to JR1s Tattoo and Body Piercing, which had a very basic digital 

clock with a very high degree of accuracy. (N.T. Volume 4, 3/11/2014, p. 149-50). 

check on all of the retrieved video using the U.S. Naval Observatory Master Clock, an atomic 

recover video.16 He recovered the video the day after the shooting. Detective Dunlap did a time 

decedent, he was directed to go to three locations in the vicinity of 61st and Market Streets to 

Detective Dunlap testified that, as part of the investigation of the shooting death of the 

retrieval of digital imaging. (N.T. Volume 4, 3/11/2014, p. 148). 

This Court ruled that Detective Dunlap qualified as an expert in the field of forensic 

Circulated 06/22/2015 12:22 PM
53 

18 It was just 8 minutes off, but by accounting for daylight saving time, it was one hour and eight minutes off. (N.T. 

Volume 4, 3/11/2014, pp. 157-58). 

17 Market Grocery had a camera which covered the front of the business along with some of the sidewalk along 

Market Street, and a camera at the back of the property which covered the sidewalk and street along the Millick 

Street side. (N.T. Volume 4, 3/11/2014, p. 155). 

camera and continued down Millick Street into the next camera view, headed back up to Market 

Millick Street. One male had some type of bandage on his hand. They walked through the 

before the shooting. On the video, there were two males walking on Market Street toward 

minutes fast;18the real time on the video was actually 3:57 am to 4:00 am, an hour and a minute 

relevant. The clip on the video ran from 5:05 to 5:07:55 a.m. The video was one hour and eight 

Upon going through the video, Detective Dunlap cut out one or two clips that he found 

three hours of video from that location. (N.T. Volume 4, 3/11/2014, p. 155). 

northwest corner of Market and Millick Streets.17 Detective Dunlap stated that he pulled about 

The last place from which he pulled video was the Market Grocery located at the 

Volume 4, 3/11/2014, pp. 154-55). 

bouncing off. Detective Dunlap stated that the impact occurred at approximately 5:0lam. (N.T. 

Bar. On that video, it was possible to see the decedent's car striking the wall of the bar and 

Next, Detective Dunlap walked the jury through the video pulled from Jess and Ron's 

(N.T. Volume 4, 3/11/2014, p. 154). 

The biggest thing that you can take from this is it took one minute and 50 seconds from 

the time the males exit the Wheels of Soul until you see the car crashing into the wall 

across the street .... 

Detective Dunlap summarized his observations as follows: 

street. (N.T. Volume 4, 3/11/2014, pp. 152-53). 

over to the car. Immediately afterwards, the car continued on and struck the wall across the 

the curb and actually striking light." Detective Dunlap pointed to a figure on the video running 

Circulated 06/22/2015 12:22 PM
54 

The next clip showed the same location right at the time frame of the incident. The clip 

showed the two individuals who were with the victim earlier walking into the camera view 

coming off Market Street. The men headed down Millick Street off Market Street, and a car's 

headlights were turned on (as though from a remote control device). The two men headed 

toward the car; then one of the males was seen running back toward Market Street, and the 

second male was seen returned running back to the car. The end of the clip showed the car drive 

off. Detective Dunlap then showed another video for the same time frame, from the front 

camera. The video showed the two males again walking off Market Street onto Millick Street. It 

was roughly 5:00 a.m., going on 5:01. (N.T. Volume 4, 3/11/2014, pp. 160-62). 

Detective Dunlap played the clip again, showing that left-hand comer, and zooming in as 

much as possible without losing clarity. He pulled a still from that exact moment in time. On 

Street and went back westbound on Market Street in the direction of 61 st Street where they 

walked out of the camera view (N.T. Volume 4, 3/11/2014, pp. 157-58). 

The next clip showed events which occurred approximately one hour later. This time, the 

two males were coming up from Millick Street. The time on that clip roughly was 5:59:45 

seconds, and the video played to 6:01 :55 seconds. (In real time, that was roughly 4:51 :45 

seconds through 4:53:55 seconds.) The clip showed those males up until seven minutes before 

the actual incident. They were shown on the comer, and the direction they were facing was that 

of 61 st Street toward the Wheels of Soul. Detective Dunlap stated that the decedent's car was 

actually parked just off the comer of Market Street. The men on the video were leaving the 

corner and heading northbound on Millick Street toward Arch Street. They went out of sight 

approximately seven minutes before the actual incident. (N.T. Volume 4, 3/11/2014, pp. 159- 

60). 

Circulated 06/22/2015 12:22 PM
55 

regard to the shooting death of Omar Williams. Officer Walker stated that the reports submitted 

Officer Walker confirmed that she had items submitted to her for microscopic examination in 

Police Officer Kelly Walker testified as an expert in ballistics and firearm identification. 

Testimony of Police Officer Kelly Walker, an Expert in Ballistics and Firearm 

Identification 

it ran from Millick Street to 61 st Street. (N.T. Volume 4, 3/11/2014, p. 156). 

Detective Dunlap stated that the alley was right in the rear of the Market Grocery and that 

(N.T. Volume 4, 3/11/2014, p. 156). 

I walked through. There is an alley in the back that cuts through and 11Ts, 11 goes down to 

Arch. Directly next to the property there is . . . a vacant lot where a property used to be 

that's been knocked down. There is two properties and then there is another vacant lot 

right there, which both connect to this alley in the back. 

take photographs and to familiarize himself with some of the openings: 

Detective Dunlap noted that in the months following the shooting, he went on location to 

through, straight out." (N.T. Volume 4, 3/11/2014, pp. 164-71). 

alleyway right behind that grocery store - that there was open access. "You [ could] walk straight 

was unobstructed." Detective Dunlap confirmed that one could access that cutaway through the 

were and ... it's a "T11 alley. You can take it all the way up to Arch Street, and it was not gated. It 

through. "You can get in there. You can go into either one of those cutouts where the properties 

walked to the back alley behind the grocery store and ascertained that the alleyway goes straight 

Detective Dunlap stated that after seeing that video, he went on location, parked the car, 

Street and across a dark patch. (N.T. Volume 4, 3/11/2014, pp. 163-64). 

been). That view depicted what appeared to be legs cutting across the pavement toward Market 

the still of a sidewalk going eastbound, there was a cutout (a vacant lot where a building had 

Circulated 06/22/2015 12:22 PM
56 

Volume 1, 03/12/2014, p. 108). 

source of the projectile was the body bag in which Mr. Williams' body was transported. (N.T. 

The District Attorney explained that, as per Dr. Lieberman's expert testimony, the stated 

(N.T. Volume 1, 03/12/2014, p. 108). 

on Property Receipt 3127583 submitted by Howard Peterman ... bullet B-2, which was a 

.40 S & W /.10 mm copper alloy bullet specimen, [its] nose area was flattened, there were 

foreign markings, there was a blood-like substance attached .... 

from the victim, including, 

She also confirmed that she had occasion to examine certain bullets that were recovered 

as a vehicle. (N.T. Volume 1, 03/12/2014, p. 106). 

and establish that the damage to that bullet was consistent with its having hit a hard object such 

that despite the bullet's being deformed, she was able to make certain microscopic observations 

decedent's vehicle at the police garage ( Property Receipt No. 9010320). Officer Walker noted 

Officer Walker also stated that another projectile was eventually removed from the 

from the same .40-caliber semiautomatic handgun. (N.T. Volume 1, 03/12/2014, pp. 105, 107). 

comparison microscope, her expert opinion was that all five of those .40-caliber FCCs were fired 

confirmed that based on her observations and the repetitive marks she was able to see under the 

.40-caliber S & W, and their stated source was 6000 block of Market Street. Officer Walker 

(FCCs) that were submitted by CSI Whitehouse on Property Receipt No. 9010311. They were 

Officer Walker had a chance to identify microscopically the five fired cartridge casings 

examiner. (N.T. Volume 1, 03/12/2014, pp. 94-95). 

in this case were prepared by Officer Krimsky (first name not stated), and that she was his coCirculated 06/22/2015 12:22 PM
57 

19 In his expert testimony, Dr. Lieberman had testified earlier that it was from the right frontal lobe of the victim's 

brain. 

20 Officer Walker stated that the IBIS is a computer system that gives possible ballistics matches. If the IBIS 

technician sees something that looks really close, further investigation would be warranted. (N.T. Volume I, 

03/12/2014, p. 113). 

degree of scientific certainty. (N.T. Volume 1, 03/12/2014, pp. 121). 

Officer Walker stated that all of the opinions she offered to the jury were to a reasonable 

Volume 1, 03/12/2014, pp. 115-16, 119). 

confirmed that these findings were memorialized in the reports submitted in this case. (N.T. 

his body bag and his right frontal lobe were all fired from that firearm. Officer Walker 

from that firearm. She also concluded that the projectiles recovered from the victim's vehicle, 

Unit for examination in this case, she concluded that the five casings from the scene were fired 

examined the test shots fired from the .40-caliber firearm submitted to the Firearms Identification 

not stated) and Officer Stott (first name not stated) did. At a later point, when Officer Walker 

Walker stated that she did not examine the gun personally, but that Officer Bottomer (first name 

bullets, it was recommended that a further examination on that gun be conducted.j'' Officer 

(IBIS) hit that showed a possible match between the gun that was recovered and the casings and 

Officer Walker stated that as a result of an Integrated Ballistics Identification System 

12). 

from the victim's head were fired from the same firearm. (N.T. Volume 1, 03/12/2014, pp. 111- 

examination, she was able to conclude that the bullets from the bodybag and the two recovered 

Officer Walker was able to examine those bullets microscopically. Based on her 

Volume 1, 03/12/2014, p. 110). 

Medical Examiner's Office, and that a fragment of one of the bullets had broken off.19 (N.T. 

Officer Walker confirmed that there were altogether three bullets submitted from the 

Circulated 06/22/2015 12:22 PM
58 

The Defendant contends that there is insufficient evidence to establish beyond reasonable 

doubt his guilt of each of the crimes for which he stands convicted. He claims that the 

Commonwealth did not prove that he was the perpetrator of the crimes, or a criminal conspirator, 

or an accomplice. The Defendant further argues that the Commonwealth did not prove specific 

SUFFICIENCY OF THE EVIDENCE 

Stipulation 

It was stipulated by and between counsel that an inventory search of the white Crown 

Victoria in which Miles Powell was an occupant on January 15, 2010, which search was 

conducted pursuant to a search warrant, resulted in recovery of a semi-automatic .40-caliber 

handgun which was located inside the trunk area of the car. The item was placed on Property 

Receipt No. 2888844. The firearm was then submitted to the Firearms Identification Unit for 

microscopic examination. (N.T. Volume l, 03/12/2014, p. 120). 

Self-Authenticating Document 

The Commonwealth also presented a self-authenticating document indicating that a 

record check was made of the Defendant, and that it was revealed that the Defendant did not 

have a valid license to carry firearms. The record check was conducted by the Pennsylvania 

State Police, and the self-authenticating document was signed on April 18, 2011 by the 

Commissioner of the Pennsylvania State Police Custodian of Records, and the Director of 

Firearms Division of the Pennsylvania State Police. Both individuals signed this document 

under the Pennsylvania State Seal. (N.T. Volume 1, 03/12/2014, pp. 130-32). 

Circulated 06/22/2015 12:22 PM
59 

First-degree Murder 

Roscioli, 454 Pa. 59, 62, 309 A.2d 396, 398 (1973). 

The standard for reviewing whether the conviction was based on sufficient evidence is 

whether, viewing all the evidence admitted at trial in the light most favorable to the 

Commonwealth as verdict winner, there is sufficient evidence to enable the fact-finder to find 

every element of the crime beyond reasonable doubt. Commonwealth v. Lewis, 2006 PA Super 

314, 911 A.2d 558, 563-64 (Pa. Super. Ct. 2006). When reviewing the evidence adduced at trial, 

the court may not weigh the evidence and substitute its judgment for that of the fact-finder. 

Commonwealth v. Derr, 841 A.2d 558, 560 (Pa. Super. 2004). While guilt may never rest upon 

conjecture or surmise, a conviction may stand on circumstantial evidence. Commonwealth v. 

intent to kill, malice, or premeditation. He insists, therefore, that he is entitled to an arrest of 

judgment. 

Upon review of the record, this court finds the Defendant's claims meritless. There was 

sufficient evidence to convince the jury beyond reasonable doubt that the Defendant was guilty 

of the crimes for which he stands convicted. 

In passing upon a motion in arrest of judgment, the sufficiency of the evidence must be 

evaluated upon the entire trial record; all evidence must be read in the light most favorable to the 

Commonwealth, which is entitled to all reasonable inferences arising therefrom; the effect of 

such a motion is to admit all facts which the Commonwealth's evidence tends to prove. 

Commonwealth v. Johnson, 428 Pa. Super. 494; 631 A.2d 639 (1993)(citing Commonwealth v. 

Blevins, 453 Pa. 481, 483, 309 A.2d 421, 422 (1973)). 

Circulated 06/22/2015 12:22 PM
60 

The crime of murder of the first degree is defined as a criminal homicide when it is 

committed with malice by an intentional killing. 18 Pa.C.S. § 2502(a). The killing is intentional 

when it is willful, deliberate and premeditated. § 2502(d). To support a conviction for firstdegree murder, the Commonwealth must prove that the victim is deceased; that the Defendant 

killed him; and that the Defendant acted with the specific intent to kill. See Commonwealth v. 

Montalvo, 604 Pa. 386, 986 A.2d 84, 92 (2009); Commonwealth v. Pagan, 591 Pa. 69, 950 A.2d 

270, 278-79 (2008); Commonwealth v. Koehler, 558 Pa. 334, 737 A.2d 225, 233-34 (1999). The 

mens rea required is the specific intent to kill; it is the factor that distinguishes first-degree 

murder from murder of a lesser grade. Commonwealth v. Taylor, 583 Pa. 170, 186, 876 A.2d 

916, 926 (2005); Commonwealth v. Moore, 473 Pa. 169, 174, 373 A.2d 1101, 1104 (1977). The 

jury may infer that the use of a deadly weapon on a vital part of the human body is sufficient to 

establish the specific intent to kill. Commonwealth v. May, 584 Pa. 640, 647, 887 A.2d 750, 753 

(2005); Commonwealth v. Rivera, 565 Pa. 289, 773 A.2d 131, 135 (2001); Commonwealth v. 

Commander, 436 Pa. 532, 538-39, 260 A.2d 773, 777 (1970). The Commonwealth also has the 

ability to prove the Defendant's intent through circumstantial evidence. Rivera, supra, at 135. 

Here, the decedent's cause of death was ruled homicide. The evidence demonstrated that 

the Defendant planned to kill the victim following an altercation at a bar a few days earlier. In 

that altercation people with the victim were shooting at the Defendant. The killing of Omar 

Williams was premeditated as evidenced by the Defendant's purposely finding out the location 

of the victim; arriving at that location armed with a .40-caliber Beretta; recruiting his cousins as 

lookouts; using his friend as a getaway driver; and waiting in an alleyway for the victim to come 

out of the local after-hours club, the Wheels of Soul, get into his car and start the engine. The 

Defendant then walked up to that car and fired his.40-caliber gun at vital parts of the victim's 

Circulated 06/22/2015 12:22 PM
61 

The Defendant alleges that the evidence was insufficient to support the guilty verdict on 

the charge of conspiracy to commit first-degree murder. The Defendant's argument is meritless 

and must fail. 

Under the law, a conspiracy is an agreement between two or more persons to commit a 

cnme. A conspiracy exists once two conditions have been met: (1) there must be an agreement 

(verbal or unspoken) and (2) one of the members must then commit an overt act in furtherance of 

the conspiracy. 18 Pa.C.S. § 903. In order to prove conspiracy, the jury must find that: 1) the 

defendant intended to commit or aid in the commission of the criminal act; 2) the defendant 

entered into an agreement with another to engage in the crime; and 3) the defendant or one or 

more of the other co-conspirators committed an overt act in furtherance of the agreed upon 

crime. Montalvo, 956 A.2d at 932 (citation omitted). 

Conspiracy to Commit First-Degree Murder 

body - his head and chest area. As established by expert testimony, any of the shots fired at the 

victim would have killed him. The Defendant sold the gun soon afterwards to a "boy in South 

Philly," and the ballistic evidence linked the gun recovered from the trunk of the buyer's car 

(Powell's car) to the fired cartridge casings and bullets. Furthermore, the Defendant told 

multiple individuals about murdering the decedent and bragged about it. 

The killing of the decedent was willful, deliberate and premeditated. This court 

concludes that the record at trial was more than sufficient for the jury to conclude, beyond 

reasonable doubt, that the Defendant was guilty of murder of the first degree. 

Circulated 06/22/2015 12:22 PM
62 

The Defendant further contends that the evidence was insufficient to support the guilty 

verdict on the charge of possessing an instrument of crime. The Defendant's argument is 

without merit. 

Under the law, a person commits a misdemeanor of the first degree if he possesses any 

instrument of crime with intent to employ it criminally. 18 Pa.C.S. § 907(a). An instrument of 

crime includes any item the actor used for criminal purposes and had in his possession under 

Possessing an Instrument of Crime 

Here, the Defendant conspired with any or all of these individuals, Darian Brown (Blizz), 

James Newsome (Hawk), and William Childs (0), to engage in conduct for the planning and 

commission of the crime of the decedent's murder. The overt act of the conspiracy to commit 

first-degree murder consisted of keeping the victim's vehicle under watch, placing lookouts 

(Brown and Newsome) for police or other persons who may be nearby, and firing multiple shots 

at the victim. 

The evidence established, beyond reasonable doubt, that the Defendant was guilty of 

conspiracy to commit first-degree murder. 

The Commonwealth may prove conspiracy by direct evidence or by circumstantial 

evidence, including the relationship, conduct, or circumstances of the parties or overt acts on the 

part of co-conspirators. Commonwealth v. Spotz, 552 Pa. 499, 716 A.2d 580, 592 (1998); see 

also Commonwealth v. Murphy, 577 Pa. 275, 844 A.2d 1228, 1238 (2004) (quoting Spotz). In 

the case of a conspiracy to commit first-degree murder, each member of the conspiracy can be 

convicted of first-degree murder regardless of who inflicted the fatal wound. Montalvo, supra at 

932. 

Circulated 06/22/2015 12:22 PM
63 

Here, there was sufficient evidence for the jury to find beyond reasonable doubt that the 

Defendant possessed an instrument of crime. Armed with a gun which he intended to use 

criminally, the Defendant arrived at the location where he expected the decedent to be. The 

Defendant then fired multiple shots at the decedent. 

The ballistics analysis conclusively linked the gun to the fired cartridge casings collected 

on the scene, the bullet removed from the doorframe of the decedent's car, and the ballistic 

evidence submitted by the Medical Examiner's Office. Although the Defendant disposed of the 

gun by selling it following the decedent's murder, the gun was eventually recovered. The 

· attorneys stipulated to the circumstances under which the police recovered the .40-caliber Beretta 

found in the trunk of the white Crown Victoria in which Miles Powell (the person who purchased 

the Defendant's gun and who gave a statement that the Defendant was present during the 

transaction) was an occupant on January 15, 2010, at the 1500 block of South 31st Street. 

Furthermore, the record check conducted by Pennsylvania State Police established that the 

Defendant did not have a valid license to carry firearms. 

This court is firmly of the belief that, viewing all the evidence admitted at trial in the light 

most favorable to the Commonwealth as verdict winner, there is sufficient evidence to enable the 

jury to find every element of possessing an instrument of crime beyond reasonable doubt. 

circumstances not manifestly appropriate for any lawful uses the item may have. Id. To convict 

of this offense, the Commonwealth must prove that the Defendant "possessed [the] gun under 

circumstances manifestly inappropriate for such lawful uses the gun may have had and with an 

intent to employ it criminally." Commonwealth v. Jeter, 275 Pa. Super. 89, 94, 418 A.2d 625,628 

(1980). 

Circulated 06/22/2015 12:22 PM
64 

The Defendant's claim that the verdict was against the weight of the evidence and was 

based on speculation, conjecture, and surmise must also fail. The weight given to the evidence is 

wholly the province of the finder of fact who is free to believe all, part, or none of the evidence 

and to determine the credibility of the witnesses. Commonwealth v. Hunzer, 868 A.2d 498, 506- 

507 (Pa. Super. 2005). Any motion for a new trial grounded in the contention that the verdict is 

contrary to the weight of the evidence concedes that there is sufficient evidence to sustain the 

verdict. Commonwealth v. Rossetti, 863 A.2d 1185, 1191-1192 (Pa. Super. 2004), appeal denied, 

583 Pa. 689, 878 A.2d 864 (2005). Accordingly, the trial court is under no obligation to view the 

evidence in the light most favorable to the verdict winner. Id. Questions concerning inconsistent 

testimony go to the credibility of witnesses. Commonwealth v. DeJesus, 580 Pa. 303, 311, 860 

A.2d 102, 107 (2004). The court cannot substitute its judgment for that of the jury on issues of 

credibility. Id. The decision whether to grant a new trial on this basis rests within the discretion 

of the trial court. Commonwealth v. Hunter, 381 Pa. Super. 606, 617, 554 A.2d 550, 555 (1989). 

A trial court should award a new trial on the ground that the verdict is against the weight of the 

evidence only when the jury's verdict is so contrary to the evidence as to shock one's sense of 

justice, thereby making the award of a new trial imperative so that what is right and just may be 

given another opportunity to prevail. Commonwealth v. Wall, 2008 PA Super 151, 953 A.2d 

581, 586 (Pa. Super. Ct. 2008); Commonwealth v. Whitney, 511 Pa. 232, 239, 512 A.2d 1152, 

1155-1156 (1986). "A new trial should not be granted because of a mere conflict in the 

testimony or because the judge on the same facts would have arrived at a different conclusion." 

Commonwealth v. Widmer, 560 Pa. 308, 320, 744 A.2d 745, 752 (2000). 

WEIGHT OF THE EVIDENCE 

Circulated 06/22/2015 12:22 PM
65 

21 Defendant's reliance on Commonwealth v. Karkaria 533 Pa. 412, 625 A.2d 1167 (1993) is misplaced for the 

reasons set forth in footnote 1. In this case, the verdict was consistent with the evidence. 

commission of the offense and his complicity is established by law. 18 Pa.C.S. § 306(c). Such 

testimony. A person is an accomplice of another if he intends to promote or facilitate the 

This court also instructed the jury regarding accomplice liability and accomplice 

Defendant, and the jury was free to believe them. 

those witnesses made prior statements to police. Those statements were damaging to the 

face twice (Childs); engaging in excessive drinking and fighting with his wife (Cropper)), all of 

excuses for their memory lapses (for example, using opiates for years (Rice); being shot in the 

present case did not remember their earlier statements against the Defendant and made various 

weight of the testimony of each of these witnesses at trial. Although multiple witnesses in the 

earlier statement, as well as consider this evidence to help the jury assess the credibility and 

prior inconsistent statement as proof of the truth of anything each of these witnesses said in any 

This court explained that the jury may regard evidence relating to the contents of any 

Commonwealth v. Carmody, 2002 PA Super 151, 799 A.2d 143, 148 (2002). 

[A] prior inconsistent statement may be offered not only to impeach a witness, but also as 

substantive evidence if it meets additional requirements of reliability. . . . The test is a 

two-part inquiry: 1) whether the statement is given under reliable circumstances; and 2) 

whether the declarant is available for cross-examination. 

declarant must be available for cross-examination. Pa.R.E. 803 .1. 

Pa.R.E. 613. For a prior inconsistent statement to be admitted as substantive evidence, its 

be regarded as proof of the truth of anything each of these witnesses said in any earlier statement. 

Under the law, evidence relating to the contents of any prior inconsistent statement may 

of the evidence.21 

Defendant's convictions. The convictions in the present case were not against the greater weight 

This court finds that the Commonwealth presented sufficient evidence to uphold the 

Circulated 06/22/2015 12:22 PM
66 

person solicits another person to commit an offense, or aids or agrees or endeavors to assist such 

other person in planning or committing the offense. Id. 

This court warned the jury that when a Commonwealth witness is an accomplice, his 

testimony must be assessed by special precautionary rules. Where an accomplice implicates the 

defendant, it is the trial court's obligation to tell the jury that the accomplice is a corrupt and 

polluted source and that his testimony should be viewed with great caution. Commonwealth v. 

Rega, 593 Pa. 659, 689, 933 A.2d 997, 1014 (2007); Commonwealth v. Chmiel, 536 Pa. 244, 

251, 639 A.2d 9, 13 (1994). This court explained that an accomplice may falsely try to place the 

blame on someone else in hopes of obtaining favorable treatment but that, on the other hand, an 

accomplice may be a perfectly truthful witness. 

In the present case, witnesses Darian Brown (Blizz), William Childs (0), and James 

Newsome (Hawk) had criminal involvement in the death of Omar Williams, and as such, they 

were accomplices in the crime. Although accomplice testimony was supported by copious 

independent evidence in the present case, even in the absence of such evidence the jury could 

still have found the Defendant guilty solely on the basis of accomplice testimony if the jury was 

satisfied beyond reasonable doubt that the accomplice had testified truthfully and that the 

Defendant was guilty. 

Here, the evidence presented at trial viewed in the light most favorable to the 

Commonwealth as verdict winner established that the Defendant had committed the crime of 

murder of the first degree. The malice could have been inferred, inter alia, from the Defendant's 

use of a deadly weapon on vital parts of the decedent's body-his head and chest. The evidence 

also demonstrated that the Defendant engaged in extensive planning for the decedent's murder 

and employed other people to act. This court has noted that "this could have almost been like an 

Circulated 06/22/2015 12:22 PM
67 

STEVEN R. GERO FF, J. 

BY THE COURT: 

In summary, this court has carefully reviewed the entire record and finds no harmful, 

prejudicial, or reversible error and nothing to justify the granting of Defendant's request for 

relief. For the reasons set forth above, the judgment of the trial court should be affirmed. 

CONCLUSION 

is due. 

organized crime case" complete with lookouts and a getaway driver. N.T. Volume 1, 

03/13/2014, p. 135. The Defendant then took a substantial step in furtherance of the conspiracy 

by firing shots at the decedent thereby murdering him. In addition, the evidence demonstrated 

that the Defendant was in possession of an instrument of crime and that he intended to employ it 

criminally. 

Upon review of the challenge to the weight of the evidence, this court concludes that the 

verdict was consistent with the evidence. The jury was free to believe all, part or none of the 

evidence, and it clearly found the evidence to be credible and reliable. 

We conclude, therefore, that the jury verdict did not shock any sense of justice. No relief 

Circulated 06/22/2015 12:22 PM