J-A24032-20
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : DIAMOND JACQUELYN GAUSE : : Appellant : No. 1526 WDA 2019
Appeal from the Judgment of Sentence Entered August 13, 2019 in the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-02-CR-0002213-2019
BEFORE: BENDER, P.J.E., McLAUGHLIN, J., and MUSMANNO, J.
MEMORANDUM BY MUSMANNO, J.: FILED JANUARY 22, 2021
Diamond Jacquelyn Gause ("Gause") appeals from the judgment of
sentence entered following her convictions of aggravated assault with a deadly
weapon, defiant trespass, simple assault, and criminal mischief.1 We affirm.
On February 8, 2019, Gause entered the home of Darnell Stinson
("Stinson" or "the victim") in McKeesport, Allegheny County. Though Gause
had been to Stinson's home on other occasions, she did not have an invitation
or permission to enter Stinson's home on this occasion. Stinson inquired as
to how Gause had entered the home and her reasons for being in the home,
and told her to leave. Gause refused to leave, and a fight ensued. During the
fight, Gause jumped onto Stinson and punched him multiple times in the face.
Stinson kicked Gause off of him, and dragged Gause down the stairs by her
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1 18 Pa.C.S.A. §§ 2702(a)(2), 3503(b)(1)(i), 2701(b)(1), 3304(a)(5). J-A24032-20
hair, in order to remove her from the house. When they arrived downstairs,
Gause threw items around the house, and went to the kitchen and grabbed a
kitchen knife. Gause swung the knife at Stinson two times, cutting Stinson's
finger with one of her swings. During the fight, Stinson repeatedly told Gause
to leave his house. After the physical fight ended, Gause and Stinson engaged
in a verbal argument before Gause kicked out Stinson's living room window
and walked out of the house, dropping the knife on the front porch.
After Gause left the house, Stinson called police, and Officer James Goss
("Officer Goss") of the McKeesport Police Department arrived at the house.
Upon arriving, Officer Goss observed the broken front window, broken glass
and a black-handled kitchen knife with blood on the blade. Officer Goss also
observed that Stinson had a cut on his finger and obvious swelling on his face.
Gause was located a short time later by another officer less than a block away
from Stinson's house. Officer Goss thereafter placed Gause under arrest.
Upon arresting Gause, Officer Goss did not observe or note any injuries on
Gause.
Gause was charged with aggravated assault - serious bodily injury,
aggravated assault with a deadly weapon, criminal trespass, simple assault,
recklessly endangering another person, and criminal mischief. 2 Gause
proceeded to a non-jury trial on August 13, 2019, after which she was
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2 18 Pa.C.S.A. §§ 2702(a)(1), 2702(a)(4), 2701(a)(1), 3503(a)(1)(i), 2701(a)(1), 2705, 3304(a)(5).
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convicted of aggravated assault with a deadly weapon, defiant trespass,
simple assault, and criminal mischief, and was found not guilty of aggravated
assault - serious bodily injury, criminal trespass, and recklessly endangering
another person.