The opinion
J-A14019-25
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
HANEF WILKINS :
:
Appellant : No. 2948 EDA 2023
Appeal from the Judgment of Sentence Entered October 6, 2023
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0008007-2021
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
HANEF WILKINS :
:
Appellant : No. 2949 EDA 2023
Appeal from the Judgment of Sentence Entered October 6, 2023
In the Court of Common Pleas of Philadelphia County Criminal Division at
No(s): CP-51-CR-0008013-2021
BEFORE: PANELLA, P.J.E., NICHOLS, J., and FORD ELLIOTT, P.J.E. *
MEMORANDUM BY NICHOLS, J.: FILED SEPTEMBER 23, 2025
Appellant Hanef Wilkins appeals from the judgment of sentence imposed
after a jury convicted him of third-degree murder and criminal conspiracy at
Docket No. 8007-2021,1 and criminal conspiracy, possessing an instrument of
____________________________________________
* Retired Senior Judge assigned to the Superior Court.
1 18 Pa.C.S. §§ 2502(c) and 903, respectively.
J-A14019-25
crime (PIC), possession of a firearm without a license, possession of a firearm
in Philadelphia, and two counts of aggravated assault, at Docket No. 8013-
2021.2,3 On appeal, Appellant challenges the sufficiency and weight of the
evidence, the trial court’s evidentiary rulings, and claims that the trial court
erred in denying a motion for a mistrial. After careful review, we affirm on
the basis of the trial court’s opinion.
The facts of the case are well known to the parties. See Trial Ct. Op.,
8/16/24, at 1-17. Briefly, on October 4, 2018, at approximately 8:00 P.M.,
there was a shooting at a gas station on the 2400 block of West Passyunk
Avenue in Philadelphia. Appellant, Yameen Mofield, Khalid Nyheem Harrison,
and Markell Davis were identified as the shooters, and Appellant and Mofield
were affiliated with the 31 st Street gang. The shooting resulted in the death
of one minor, R.B., and wounding of two additional minors, K.B. and Q.B. 4
The victims were alleged to be affiliated with the 27 th Street gang, and there
was a history of back-and-forth violence between the two rival gangs. See
id. Following a jury trial, Appellant was convicted of the aforementioned
crimes. The trial court sentenced Appellant to an aggregate term of forty-five
to ninety years of incarceration. See id. at 19.
____________________________________________
2 18 Pa.C.S. §§ 903, 907(a), 6106(a)(1), 6108, and 2702(a), respectively.
3 The appeals were consolidated sua sponte pursuant to Pa.R.A.P. 513. See
Order, 7/31/24.
4 All three victims were juveniles, and the trial court identified the victims by
their initials. See Trial Ct. Op., 8/16/24, at 1.
-2-
J-A14019-25
Appellant filed post-sentence motions, which the trial court denied, and
Appellant filed a timely notice appeal. Appellant filed a concise statement of
errors complained of on appeal pursuant to Pa.R.A.P. 1925(b), and the trial
court filed a Rule 1925(a) opinion in response.
On appeal, Appellant raises the following issues:
1. Was the evidence insufficient to convict Appellant of murder in
the 3rd degree and related charges for the killing of R.B., and
aggravated assault and related charges as to the shooting of
K.B. and Q.B. as there was insufficient evidence to prove
beyond a reasonable doubt that Appellant committed either
offense?
2. Did the trial court abuse its discretion by not finding that the
guilty verdicts entered against . . . Appellant were against the
weight of the evidence?
3. Did the trial court err by granting the Commonwealth’s motion
to admit other acts permitting the jury to hear that almost one
year prior to the killing of R.B., Appellant was in possession of
a firearm not connected to the charges in this case, and that
eighteen months after the killing of R.B. that Appellant was in
a stolen vehicle, where firearms were recovered, and
[Appellant was] shot at another location in Philadelphia by
unknown individuals?
4. Did the trial court err by not granting a mistrial after the
prosecution called Khalid Nyheem Harrison, an alleged co-
conspirator in the killing of R.B. who previously pled guilty to
killing R.B., to testify about his involvement in the killing of
R.B. and after Harrison refused to testify, specifically
referenced Harrison’s guilty plea referencing that he killed R.B.
with Appellant and Mofield?
Appellant’s Brief at 3 (some formatting altered).
Following our review of the record, the parties’ briefs, and relevant legal
authority, we affirm on the basis of the trial court’s opinion. See Trial Ct. Op.,
-3-
J-A14019-25
8/16/24, at 1-61.5 The trial court set forth the correct standards of review for
each issue, thoroughly addressed Appellant’s claims of error, and concluded
that Appellant was not entitled to relief. See id. For these reasons, we affirm
based on the trial court’s well-reasoned opinion. 6
Judgment of sentence affirmed. Jurisdiction relinquished.
Date: 9/23/2025
____________________________________________
5 As noted above, Appellant was convicted of 18 Pa.C.S. § 6108. Recently, a
panel of this Court concluded that Section 6108 was unconstitutional as
applied to the appellant in that matter. See Commonwealth v. Sumpter,
___A.3d___, ___, 2025 PA Super 124, 2025 WL 1743218, at *8 (Pa. Super.
filed June 23, 2025). As a new rule of law, the Sumpter decision applies
retroactively to cases pending on direct appeal so long as the issue was
preserved at all stages of adjudication. See Commonwealth v. Grooms,
247 A.3d 31, 37 n.8 (Pa. Super. 2021). Here, Appellant did not challenge the
constitutionality of Section 6108. Therefore, Appellant has not preserved this
issue, and we are constrained to find it waived in this appeal. See id.
6 The parties are directed to attach a copy of the trial court’s opinion in the
event of further proceedings.
-4-
Circulated
Circulated 08/27/2025
08/27/2025 10:05
10:05 AM
AM
IN
IN THE
THE COURT
COURT OF
OF COMMON
COMMON PLEAS
PLEAS OFOF PHILADELPHIA
PHILADELPHIA COUNTY
COUNTY
FIRST
FIRST JUDICIAL
JUDICIAL DISTRICT
DISTRICT OF OF PENNSYLVANIA
PENNSYLVANIA
TRIAL
TRIAL DIVISION
DIVISION --- CRIMINAL
CRIMINAL SECTION
SECTION
Commonwealth
Commonwealth of
ofPennsylvania
Pennsylvania . CP-51-CR-0008007-2021
CP-51-CR-0008007-2021
I} F!LED
Fu.Eo CP-51-CR-0008013-2021
CP-51-CR-0008013-2021
v. AUG 1 6 2024
2024:
SUPERIOR
SUPERIOR COURT
COURT NO:
NO:
Appeais/Host
Appeals(+-ost Trial:
Trial: 2948
2948 EDA
EDA 2023
2023
Hanef
Hanef Wilkins
Wilkins Office
Office of
of Judicial
Judicial Records
Records 2949
2949 EDA
EDA 2023
2023
OPINION
OPINION
Ehrlich,
Ehrlich, J.J.
Hanef
Hanef Wilkins,
Wilkins, hereinafter
hereinafter referred
referred to
to as
as “Appellant,”
"Appellant," was
was found
found guilty
guilty by
by aa jury
jury on
on June
June
21,
21, 2023,
2023, of
of Murder
Murder of
of the
the Third
Third Degree,
Degree, Conspiracy,
Conspiracy, Aggravated
Aggravated Assault,
Assault, Possessing
Possessing
Instruments
Instruments of
of Crime,
Crime, and
and two
two (2)
(2) violations
violations of
of the
the Uniform
Uniform Firearms
Firearms Act.
Act. This
This Court
Court
subsequently
subsequently sentenced
sentenced Appellant
Appellant to
to an
an aggregate
aggregate term
term of
of forty-five
forty-five (45)
(45) to
to ninety
ninety (90)
(90) years
years of
of
confinement.
confinement. Appellant
Appellant timely
timely appealed
appealed his
his judgment
judgment of
of sentence,
sentence, challenging
challenging the
the sufficiency
sufficiency
and
and weight
weight of
of the
the evidence,
evidence, the
the admission
admission of
of other
other acts
acts evidence,
evidence, and
and the
the denial
denial of
of his
his motion
motion for
for
aa mistrial
mistrial following
following aa Commonwealth
Commonwealth witness’s
witness's refusal
refusal to
to answer
answer questions.
questions. Appellant’s
Appellant's claims
claims
are
are without
without merit
merit and
and no
no relief
relief is
is due.
due.
Statement
Statement of
of Facts
Facts
On
On October
October 4,
4, 2018,
2018, at
at around
around 8:00
8:00 p.m.,
p.m., three
three (3)
(3) minors
minors -
- R.B.,
R.B., K.B.,
K.B., and
and Q.B.
Q.B. --- were
were
shot
shot at
at aa gas
gas station
station on
on 2435
2435 West
West Passyunk
Passyunk Avenue
Avenue in
in Philadelphia.
Philadelphia. R.B.
R.B. died
died from
from aa gunshot
gunshot
wound
wound he
he sustained.
sustained. Video
Video footage
footage of
of the
the shooting
shooting showed
showed at
at least
least two
two (2)
(2) shooters
shooters who
who arrived
arrived
at
at the
the gas
gas station
station in
in aa vehicle
vehicle and
and fled
fled after
after shooting.
shooting. Police
Police connected
connected this
this shooting
shooting to
to aa series
series of
of
11
back-and-forth shootings
back-and-forth shootings between
between the
the 27th
27th Street
Street gang and the
gang and the 3
31st Street gang,
1st Street rival gangs
gang, rival in
gangs in
South Philadelphia.
South An individual
Philadelphia. An individual associated
associated with
with 3
31st Street ultimately
1 st Street ultimately cooperated with police
cooperated with police
and gave
and gave aa statement
statement identifying
identifying Appellant, Y ameen Mofield,
Appellant, Yameen Mofield, Khalid
Khalid Harrison,
Harrison, and
and Markell
Markell
Davis as
Davis as the
the individuals
individuals involved
involved in
in the
the shooting. Police were
shooting. Police were able
able to
to determine
determine that
that Appellant
Appellant
and Mofield
and Mofield were
were both
both affiliated
affiliated with
with the
the 3
31st Street gang
1st Street and corroborate
gang and corroborate various
various details
details given
given
in
inthe
the cooperator’s
cooperator's statement.
statement.
Appellant was subsequently
Appellantwas arrested and
subsequently arrested and charged Murder,11 two
withMurder,
charged with two (2) counts of
(2) counts of
Attempted Murder,'
AttemptedMurder, two(2)
2two countsof
(2) counts ofConspiracy to Commit
Conspiracyto CommitMurder,
Murder,° two (2)
3two countsof
(2) counts of
Aggravated Assault, 4Possessing
AggravatedAssault, Instrumentsof
PossessingInstruments ofCrime
Crime(“PIC”),
(PIC),' andtwo
3and two(2) violationsof
(2)violations ofthe
the
Uniform
UniformFirearms
FirearmsAct:
Act: Firearms
FirearmsNot
NottotoBe
BeCarried
CarriedWithout
WithoutaaLicense ("VUFA§$ 6
License(“VUFA 106”), 6and
6106),° and
Carrying
CarryingFirearms
Firearmson
onPublic
PublicStreets
StreetsororPublic
PublicProperty
PropertyininPhiladelphia ("VUFA§$6108”).
Philadelphia(“VUFA 6108").77
Appellantwas
Appellant wastried
triedalongside
alongsideYameen
YameenMofield.
Mofield.At
Attrial,
trial,the
theCommonwealth
Commonwealthpresented
presentedtwenty-
twenty-
two(22)
two (22)witnesses
witnessesasaspart
partof
ofitsitscase-in-chief
case-in-chiefagainst
againstAppellant andMofield.
Appellantand Mofield.The
Theevidence
evidenceand
and
testimony
testimonygiven
givenatattrial
trialare
aresummarized
summarizedbelow.
below.
PhiladelphiaPolice
Philadelphia PoliceSergeant CarmenPalmiero
SergeantCarmen Palmierotestified
testifiedthat
thathehewas
wasatatthe
thePhiladelphia
Philadelphia
PoliceFirst
Police FirstDistrict
Districtatataround
around8:00
8:00p.m. onOctober
p.m.on October4,4,2018,
2018,when
whena ayoung blackmale,
youngblack male,later
later
identifiedasasK.B.,
identified K.B.,ran
raninto
intothe
thelobby
lobbybleeding
bleedingand
andclaimed
claimedthat
thathehehad
hadbeen
beenshot
shotatata agas station.
gasstation.
AtAtthe
thesame
sametime,
time,police receivedmultiple
policereceived callsreporting
multiplecalls reportinga ashooting
shootingatat25th
25thand
andPassyunk.
Passyunk.
SergeantPalmiero
Sergeant Palmierosubsequently respondedtotothe
subsequentlyresponded thegas
gasstation
stationatat2435
2435West
WestPassyunk
PassyunkAvenue,
Avenue,
1
11818Pa.C.S.A.
Pa.C.S.A.§ §2502.
2502.
2
2 18Pa.C.S.A.
18 Pa.C.S.A.§ 901(a).
$901(a).
18Pa.C.S.A. § 903(c).
3·18Pa.C.S.A. $
903(c).
4
4 1818
Pa.C.S.A.
Pa.C.S.A.§ §2702(a).
2702(a).
5
5 1818
Pa.C.S.A.
Pa.C.S.A.§ 907(a).
$ 907a).
6
6 1818
Pa.C.S.A.
Pa.C.S.A.§ §6106(a)(1).
6106(a)(l).
7 1818
Pa.C.S.A.
Pa.C.S.A.§ §6108.
6108.
22
located around the comer from the First District. Upon arrival, Sergeant Palmiero was directed to
the rear of the gas station, where he found an unresponsive black male on the ground covered in
blood. Sergeant Palmiero and his partner immediately transported the male, later identified as
fifteen-year-old R.B., in the back of their police vehicle to Presbyterian Hospital. R.B. was
pronounced dead at the hospital at 8:35 p.m. Jacqueline Nichols testified that R.B. was her
grandson, bom
born on March 19, 2003, and that she last
last saw him alive on October 3, 2018, when he
visited
visited her
her at her house. N.T. 6/12/2023, at 81-86;
81-86; N.T. 6/20/2023, at 23-25.
Philadelphia Police Detective Ralph Domenic testified that
that he was assigned to investigate
investigate
R.B.’s
R.B.'s murder.
murder. Detective
Detective Domenic
Domenic went
went to
to the
the scene
scene of
of the
the murder
murder and
and was
was able
able to
to recover
recover video
video
footage
footage from
from the
the gas
gas station
station where
where the
the murder
murder occurred.
occurred. The
The Commonwealth
Commonwealth and
and counsel
counsel for
for
Appellant
Appellant and
and Mofield
Mofield stipulated
stipulated that
that video
video was
was recovered
recovered from
from the
the gas
gas station
station at
at 2435
2435 West
West
Passyunk
Passyunk Avenue
Avenue and
and surrounding
surrounding areas
areas which
which depicted
depicted the
the shooting
shooting on
on October
October 4,
4, 2018.
2018. N.T.
N.T.
6/12/2023,
6/12/2023, at
at 90-91;
90-91; N.T.
N.T. 6/13/2023,
6/13/2023, at
at 4-6,
4-6, 12-15.
12-15.
Philadelphia
Philadelphia Police
Police Detective
Detective Thorsten
Thorsten Lucke,
Lucke, an
an expert
expert in
in digital
digital surveillance,
surveillance, video
video
recovery,
recovery, and
and analysis,
analysis, testified
testified that
that he
he created
created aa compilation
compilation of
ofvideo
video footage
footage of
ofthe
the shooting.
shooting.
The
The footage
footage showed
showed aa vehicle
vehicle traveling
traveling westbound
westbound and
and pulling
pulling up
up to
to the
the gas
gas station,
station, shooting
shooting at
at
individuals
individuals who
who could
could be
be seen
seen standing
standing around
around the
the gas
gas station,
station, then
then traveling
traveling west
west toward
toward 25th
25th
Street
Street after
after the
the shooting
shooting concluded.
concluded. A
A slowed-down
slowed-down and
and zoomed-in
zoomed-in version
version of
ofthis
this same
same footage
footage
showed
showed an
an individual
individual leaving
leaving the
the shooting
shooting vehicle
vehicle through
through the
the front
front passenger
passenger side
side door
door and
and aa
second
second individual
individual inside
inside the
the vehicle
vehicle by
by the
the passenger
passenger side
side rear
rear door.
door. Visible
Visible muzzle
muzzle flashes
flashes and
and
disturbances
disturbances captured
capturedby
by the
the infrared
infrared cameras
cameras indicated
indicated that
that both
both individuals
individuals were
were sources
sources of
of
gunfire.
gunfire. This
This footage
footage also
also showed
showed an
an individual
individual with
with aa gun
gun running
running and
and reentering
reentering the
the vehicle
vehicle
prior
prior to
to the
the vehicle
vehicle driving
driving away.
away. Detective
Detective Lucke
Lucke testified
testified that
thatpolice
police were
were unable
unable to
to obtain
obtain any
any
33
additional
additional footage
footage which
which showed
showed the
the continued
continued path
path of
oftravel
travel for
for the
the vehicle
vehicle involved
involved in
in the
the
shooting.
shooting. N.T.
N.T. 6/12/2023,
6/12/2023, at
at 90-106,
90-106, 109-124.
109-124.
Philadelphia
Philadelphia Police
Police Officer
Officer Terry
Terry Tull
Tull testified
testified that
that at
at 9:45
9:45 p.m.
p.m. on
on October
October 4,
4, 2018,
2018, he
he
assisted
assisted with
with processing
processing the
the scene
scene at
at 2435
243 5 West
West Passyunk
Passyunk Avenue.
Avenue. Officer
Officer Tull
Tull testified
testified that
that
several
several pieces
pieces of
ofphysical
physical evidence
evidence were
were recovered
recovered from
from the
the scene,
scene, including
including ballistic
ballistic evidence,
evidence,
swabs
swabs of
of blood
blood stains,
stains, aa black
black book
book bag,
bag, and
and aa black
black hooded
hooded sweatshirt.
sweatshirt. All
All recovered
recovered evidence
evidence
was
was placed
placed on
on aa property
property receipt
receipt and
and submitted
submitted for
for further
further analysis.
analysis. Detective
Detective Lucke
Lucke testified
testified
that
that he
he was
was asked
asked to
to reexamine
reexamine the
the video
video footage
footage to
to locate
locate an
an object
object consistent
consistent with
with the
the
recovered
recovered book
book bag.
bag. Detective
Detective Lucke
Lucke explained
explained that
that the
the video
video footage
footage initially
initially did
did not
not appear
appear to
to
show
show anything
anything on
on the
the ground
ground where
where the
the bag
bag was
was ultimately
ultimately found,
found, but
but that
that itit showed
showed an
an item
item
consistent
consistent with
with the
the recovered
recovered bag
bag after
after the
the shooting
shooting occurred
occurred and
and the
the vehicle
vehicle fled
fled the
the scene.
scene. This
This
item
item then
then remained
remained in
in place
place until
until itit was
was recovered
recovered by
by police.
police. N.T.
N.T. 6/13/2023,
6/13/2023, at
at 117-138; N.T.
117-138;N.T.
6/15/2023,
6/15/2023, at
at 17-30.
17-30.
Dr.
Dr. Lindsay
Lindsay Simon,
Simon, an
an expert
expert in
in forensic
forensic pathology,
pathology, testified
testified that
that on
on October
October 5,
5, 2018,
2018, she
she
performed
performed an
an autopsy
autopsy on
on R.B.
R.B. Dr.
Dr. Simon
Simon concluded
concluded that
that R.B.’s
R.B. 's cause
cause of
of death
death was
was aa gunshot
gunshot
wound
wound of
of the
the torso
torso and
and that
that the
the manner
manner of
of his
his death
death was
was homicide.
homicide. Dr.
Dr. Simon
Simon testified
testified that
that the
the
gunshot
gunshot entered
entered through
through the
the left
left side
side of
of R.B.’s
R.B.'s back
back and
and exited
exited through
through the
the left
left side
side of
of his
his chest,
chest,
perforating
perforating two
two (2)
(2) of
of his
his ribs,
ribs, his
his aorta,
aorta, and
and multiple
multiple areas
areas of
of his
his heart.
heart. Based
Based on
on the
the lack
lack or
or
stippling
stippling on
on R.B.’s
R.B.'s body,
body, Dr.
Dr. Simon
Simon estimated
estimated that
that the
the gun
gun was
was fired
fired at
at least
least two
two (2)
(2) to
to three
three (3)
(3)
feet
feet away.
away. N.T.
N.T. 6/15/2023,
6/15/2023, at
at 5-16.
5-16.
On
On October
October 5,
5, 2018,
2018, the
the day
day after
after the
the murder,
murder, Detective
Detective Domenic
Domenic received
received information
infonnation
that
that some
some statements
statements were
were made
made during
during the
the execution
execution of
of aa search
search warrant
warrant at
at Yameen
Y ameen Mofield’s
Mofield' s
residence
residence which
which potentially
potentially implicated
implicated him
him in
in the
the murder.
murder. The
The Commonwealth
Commonwealth and
and counsel
counsel for
for
44
Appellant
Appellant and
and Mofield
Mofield stipulated
stipulated that
that while
while Philadelphia
Philadelphia Police
Police Officer
Officer Matthew
Matthew York
York was
was
executing
executing aa search
search warrant
warrant at
at 2832
2832 Aramingo
Aramingo Avenue,
Avenue, Mofield’s
Mofield's mother
mother asked
asked if
if Mofield
Mofield had
had
anything
anything to
to do
do with
with what
what happened
happened at
at the
the gas
gas station
station the
the day
day before,
before, which
which would
would have
have been
been
October
October 4,
4, 2018.
2018. N.T.
N.T. 6/12/2023,
6/12/2023, at
at 125-133;
125-133; N.T.
N.T. 6/13/2023,
6/13/2023, at
at 15-18.
15-18.
On October
On October 6,
6, 2018,
2018, Detective
Detective Domenic
Domenic interviewed
interviewed the
the second
second shooting victim, K.B.,
shooting victim, K.B., at
at
Penn
Penn Presbyterian
Presbyterian Hospital,
Hospital, where
where he
he was
was being
being treated
treated for
for aa gunshot
gunshot wound.
wound, K.B.
K.B. told
told
Detective
DetectiveDomenic
Domenicthat
thathe
he saw
sawaawhite
whitevehicle
vehiclepull
pull up
up and,
and, although
although he
he could
couldnot
not give
give specific
specific
information
informationabout
aboutthe
the shooters,
shooters, stated
statedthere
therewere
weretwo
two (2)
(2)people
people shooting.
shooting. Through
Throughhis
his continued
continued
investigation. DetectiveDomenic
investigation,Detective Domenicwas
was able
ableto
to identify five(5)
identifyfive individuals,all
(5)individuals, allunder
underthe
theage
ageof
of
eighteen
eighteen(18), whowere
(18),who werepresent
presentatatthe
thegas stationatatthe
gasstation thetime
timeof
ofthe
themurder:
murder:R.B.,
R.B.,K.B.,
K.B.,M.B.,
M.B.,
Q.B., andQ.R.
Q.B.,and Q.R.Detective
DetectiveDomenic
Domenicmade
madeseveral
severalunsuccessful
unsuccessfulattempts
attemptstotointerview
interviewM.B.,
M.B.,Q.B.,
Q.B.,
and
andQ.R.
Q.R.N.T.
N.T.6/13/2023,
6/13/2023,atat18-27.
18-27.
DetectiveDomenic
Detective Domeniclearned
learnedthat
thatQ.B., whohad
Q.B.,who hadbeen
beenshot
shotatatthe
thegas station,was
gasstation, wasbeing
being
soughtby
sought thepolice
bythe policeatatthe
thetime
timethe
theshooting hadoccurred.
shootinghad occurred.Q.B.
Q.B.testified
testifiedthat
thathehewas
waswith
withR.B.
R.B.
andK.B.
and K.B.atatthe
thegas stationatat25th
gasstation 25thand
andPassyunk whenR.B.
Passyunkwhen R.B.was
waskilled
killedand K.B.was
andK.B. wasshot.
shot.Q.B.
Q.B.
showed
showeda agraze
grazewound
woundon
onhis
hisright
rightarm
armbut
buttestified
testifiedthat
thathehecould
couldnot
notremember
rememberififitithappened
happened
whilehehewas
while wasrunning fromthe
runningfrom thegunfire thatnight.
gunfirethat Q.B.also
night.Q.B. alsotestified
testifiedthat
thathehedid
didnot
notsee
seewho
whoshot
shot
atatthem.
them.Id.Id.atat16-17,
16-17,50-57.
50-57.
DetectiveDomenic
Detective Domenictestified
testifiedthat
thatononOctober
October18,
18,2018,
2018,Philadelphia PoliceOfficer
PhiladelphiaPolice Officer
Christopher
ChristopherLai
Laigave
gavehim
himthe
thenames
namesofofseveral
severalpossible
possiblesuspects
suspectsfor
forthe
themurder:
murder:Yameen
Y ameen
Mofield,
Mofield,Nyseem
NyseemSmith,
Smith,and
andKameron
KameronPurnell.
Purnell.Officer
OfficerLai
Laitestified
testifiedthat
thathehewas
wasassigned
assignedtotothe
the
SeventeenthPolice
Seventeenth PoliceDistrict
DistrictininSouth
SouthPhiladelphia foralmost
Philadelphiafor almostfifteen
fifteen(15) yearsand
(15)years andknew
knewmany
many
people fromthe
peoplefrom theneighborhood fromhishistime
neighborhoodfrom timepatrolling there,including
patrollingthere, includingR.B.’s
R.B.'sfamily
familyand
andQ.B’s
Q.B's
55
family. In 2016,
family. In 2016, Officer
Officer Lai
Lai helped
helped police determine that
police determine that shootings
shootings occurring in the
occurring in the Grays
Grays Ferry
Ferry
area were
area were related
related to
to two
two (2)
(2) groups. reports compiled
Multiple reports
groups. Multiple from recovered
compiled from recovered firearms
firearms and
and fired
fired
cartridge casings showed
cartridge casings showed aa pattern ofback-and-forth
pattern of back-and-forth shootings on 27th
shootings on 27th Street
Street and
and 3
31st Street.
1st Street.
Based on
Based on conversations
conversations with
with people in the
people in the neighborhood and social
neighborhood and social media
media posts he found,
posts he found,
Officer Lai
Officer Lai determined
determined that
that there
there were
were two
two (2) gangs-- one
(2) gangs one representing 27th Street
representing 27th Streetand
andthe
the other
other
representing 31st
representing3 Street---which
1st Street whichhad
had come
come into
into conflict
conflictwith
with each
eachother. Id. atat 1
other. Id. 18-23, 57-71.
8-23, 57-71.
OfficerLai
Officer Laitestified
testifiedthat
thathe
hebegan
beganmonitoring gangactivity
monitoringgang onsocial
activityon socialmedia
mediaand
andfound
found
thatmembers
that membersof
ofboth
bothgangs wereactive
gangswere activeon
onInstagram
Instagramand
andYouTube.
YouTube. Officer
OfficerLai
Laiidentified
identified
Instagram accountsbelonging
Instagramaccounts belongingtotoAppellant andMofield,
Appellantand Mofield,both
bothof
ofwhich
whichhad
hadusernames
usernamesthat
that
referenced31st
referenced 31stStreet.
Street.Officer
OfficerLai
Lairecognized numerousindividuals
recognizednumerous individualswho
whowere
wereassociated
associatedwith
with
the31st
the 31stStreet
Streetgang, includingAppellant,
gang,including Mofield,Khalid
Appellant,Mofield, KhalidHarrison,
Harrison,Nyseem Smith,Kameron
NyseemSmith, Kameron
Purnell,Jhaquil
Purnell, Eguilar,Tymeir
JhaquilEguilar, Shands,and
TymeirShands, andTroy Norman.Officer
TroyNorman. OfficerLai
Laitestified
testifiedthat
thatininthe
the
processofofinvestigating
process investigatingthe
theGrays
GraysFerry shootings,police
Ferryshootings, beganrecovering
policebegan stolenvehicles
recoveringstolen vehiclesused
used
ininthese
theseshootings
shootingsclose
closetotothe
thehome
homeaddresses
addressesofofthe
theknown
known331st Streetgang
1st Street gangmembers.
members.Officer
Officer
Laitestified
Lai testifiedthat
thatheheknew
knewthe
thenicknames
nicknamesused
usedbybyindividuals
individualsassociated
associatedwith
withthe
the331st Streetgang,
1 st Street gang,
identifyingAppellant
identifying Appellant's nicknameasas“Nu”
s nickname "Nu"oror“Nuski”
"Nuski"and
andMofield
Mofield's nicknameasas“Su”
’s nickname "Su"oror“Su-
"Su-
Su.”
Su."Id.
Id.atat69-88.
69-88.
OnDecember
On December5,5,2018,
2018,Detective
DetectiveDomenic
Domenicinterviewed
interviewedDean
DeanFosque afterlearning
Fosqueafter that
learningthat
hadinformation
Fosquehad
Fosque informationregarding
regardingthe
themurder
murderofof R.B.Dean
R.B. DeanFosque confirmedthat
Fosqueconfirmed thathehewas
was
homicidedetectives
questionedbybyhomicide
questioned detectivesononthat
thatdate,
date,but
butstated
statedthat
thatthe
thequestioning wasnot
questioningwas notrecorded
recorded
andthat
and that
hehewas
wasnot
notasked
askedtotoreview
reviewororsign
signa statement
a statementafterward.
afterward.Police
Policewrote
wroteinina statement
a statement
that
that Fosque hadstated
Fosquehad stated“that
"that
hishiscousin,
cousin,who
whoheheidentified
identified[as] Yuseem,a.k.a.
[as]Yuseem, a.k.a.‘Su
'SuSu’,
Su',told
told him
him
that
that hehe(Yuseem)
(Yuseem)diddida murder
a murder
at at
thethe
gas station
gasstation onon Passyunk
Passyunk near
near Wilson
Wilson Park
Park Projects
Projects a few
a few
6 6
months back." Fosque testified that when questioned in front of a grand jury on March 11, 2021,
months back.” Fosque testified that when questioned in front of a grand jury on March 11, 2021,
he stated that he knew a"Yameen" who went by the nickname Su-Su. Fosque told the grand jury
he stated that he knew a “Yameen” who went by the nickname Su-Su. Fosque told the grand jury
that Su-Su had tried selling him a stolen car on Instagram, that Su-Su was on the run at this time,
that Su-Su had tried selling him a stolen car on Instagram, that Su-Su was on the run at this time,
and that he had heard that Su-Su had committed a homicide. Fosque denied giving any of these
and that he had heard that Su-Su had committed a homicide. Fosque denied giving any of these
details to the grand jury and failed to correctly identify Su-Su in the courtroom. Id. at 7-8; N.T.
details to the grand jury and failed to correctly identify Su-Su in the courtroom. Id. at 7-8; N.T.
6/12/2023, 153-168.
134-149,153-168.
6/12/2023,atat134-149,
According to Detective Domenic, Fosque stated that Yameen Mofield had told him that
According to Detective Domenic, Fosque stated that Yameen Mofield had told him that
he was involved in the murder on Passyunk Avenue. Fosque told Detective Domenic that
he was involved in the murder on Passyunk Avenue. Fosque told Detective Domenic that
Mofield was trying to sell him a stolen car so he could have enough money to get out of town
Moiield was trying to sell him a stolen car so he could have enough money to get out of town
because he had seen himself on the news in connection with the murder. Mofield told Fosque
because he had seen himself on the news in connection with the murder. Mofield told Fosque
that he was the individual wearing a hood chasing a boy in the video footage, but that he would
that he was the individual wearing a hood chasing a boy in the video footage, but that he would
not be able to be identified because of the hood. Detective Domenic testified that Fosque also
not be able to be identified because of the hood. Detective Domenic testified that Fosque also
positively identified a photo of Mofield. N.T. 6/13/2023, at 7-12, 30-46.
positively identified a photo of Mofield. N.T. 6/13/2023, at 7-12, 30-46.
Agent Christopher Marano, the Section Director of the Gun Violence Task Force in the
Agent Christopher Marano, the Section Director of the Gun Violence Task Force in the
Pennsylvania Attorney General's Office, testified that he led an investigation into the rivalry
Pennsylvania Attorney General’s Office, testified that he led an investigation into the rivalry
between 27th Street and 31st Street in South Philadelphia which put him into contact with
between 27th Street and 31st Street in South Philadelphia which put him into contact with
Nyseem Smith. Smith testified that he grew up near 31st Street and Tasker Street and that people
Nyseem Smith. Smith testified that he grew up near 31st Street and Tasker Street and that people
from 31st Street had "beef' with people from 27th Street. Smith testified that people from 31st
from 31 st Street had “beef’ with people from 27th Street. Smith testified that people from 31 st
Street and 27th Street shot at each other because of this beef and that's "just how it was." Smith
Street and 27th Street shot at each other because of this beef and that’s “just how it was.” Smith
testified that he later got involved with this conflict and that he and his friends from 31st Street
testified that he later got involved with this conflict and that he and his friends from 31st Street
would share guns and use them while driving stolen cars through 27th Street territory. Smith and
would share guns and use them while driving stolen cars through 27th Street territory. Smith and
his friends would shoot back at anyone who shot at them and would also target someone that
his friends would shoot back at anyone who shot at them and would also target someone that
they spotted, N.T. 6/13/2023, at 142-165; N.T. 6/15/2023, at 75-79.
they spotted. N.T. 6/13/2023, at 142-165; N.T. 6/15/2023, at 75-79.
7
7
Smith testified that
Smith testified that he
he and his friends
and his friends from
from 31st
31 st Street
Street were active on
were active on social
social media
media and
and
that they would
that they would sometimes
sometimes make
make music
music videos
videos which
which attacked 27th Street.
attacked 27th Street. Smith stated that
Smith stated that most
most
of the
of the people
people present
present in
in these
these music
music videos
videos were 31st Street
were 31st Street gang
gang members
members and
and specifically
specifically
identified Yameen
identified Y Mofield and
ameen Mofield Khalid Harrison
and Khalid Harrison in
in aa screenshot taken from
screenshot taken from one
one of
of these
these music
music
videos. Smith
videos. Smith also
also identified
identified numerous individuals seen
numerous individuals seen in
in photographs posted to
photographs posted Instagram,
to Instagram,
including Jhaquil Eguilar,
including Jhaquil Eguilar, Khalid
Khalid Harrison,
Harrison, Mujihad
Mujihad Dean,
Dean, Saheem
Saheem Tart, Aquil Collins,
Tart, Aquil Collins, Omar
Omar
Wright, Tymeir
Wright, Tymeir Shands,
Shands, Justin
Justin Price, Kameron Purnell,
Price, Kameron Purnell, Javon
Javon Parris,
Parris, Appellant,
Appellant, and
and himself.
himself.
Smith testified
Smith testified that
that these individuals were
these individuals were connected
connected to
to 31st
31st Street
Street and
and that
that he
he had
had committed
committed
shootings and traded
shootings and traded guns
guns with
with some
some of
of them.
them. Smith identified both
Smith identified both Mofield and Appellant
Mofield and Appellant in
in the
the
courtroom. Smith
courtroom. Smith stated
stated that
that Appellant
Appellant was younger than
was younger him but
than him but that
that they sometimes hung
they sometimes out
hung out
and that
and that he also sometimes
he also sometimes hung
hung out
out with
with Mofield. Id. at
Mofield. Id at 165-174;
165-174; N.T.
N.T. 6/14/2023,
6/14/2023, at
at 6-23.
6-23.
Smith admitted
Smith admitted that
that he
he was
was arrested
arrested various
various times
times in
in 2015,
2015, 2016,
2016, and
and 2018
2018 in connection
in connection
with firearms and
with firearms and stolen
stolen vehicle
vehicle charges.
charges. Smith testified that
Smith testified that in
in August
August 2018,
2018, he
he committed
committed aa
triple shooting
triple shooting with Jhaquil Eguilar
with Jhaquil and Khalid
Eguilar and Harrison on
Khalid Harrison on the
the 1600
1600 block
block of
of Marston
Marston Street.
Street.
Smith testified
Smith testified that he was
that he was in
in aa stolen vehicle acting
stolen vehicle acting as
as aa lookout
lookout for
for police
police and
and that
that he
he identified
identified
the targets
the that Eguilar
targets that Eguilar and
and Harrison
Harrison shot
shot at
at from
from another
another stolen vehicle. Smith
stolen vehicle. Smith continued
continued to
to
drive the
drive the stolen
stolen vehicle the day
vehicle the day after
after the
the shooting
shooting but
but observed
observed the
the police
police recovering
recovering the
the vehicle
vehicle
later that
later that day. Smith was
day. Smith was questioned
questioned by
by Officer
Officer Lai
Lai about
about the
the vehicle,
vehicle, but
but Smith
Smith denied
denied having
having
any involvement.
any involvement. Smith's
Smith’s DNA
DNA was
was later
later detected
detected on
on aa sweatshirt
sweatshirt left
left in
in the
the vehicle
vehicle and
and the
the
steering wheel
steering wheel of
of the
the vehicle.
vehicle. N.T.
N.T. 6/14/2023, at 23-31,
6/14/2023, at 23-31, 130-136,
130-136, 146-149,
146-149, 156-159.
156-159.
Officer Lai
Officer Lai testified
testified that he assisted
that he assisted with
with the
the investigation into this
investigation into this triple shooting, in
triple shooting, in
which the occupants
which the occupants of
of aa stolen Buick Verano
stolen Buick Verano drove
drove alongside
alongside another
another vehicle
vehicle in
in which four (4)
which four (4)
members of
members of the
the 27th
27th Street gang were
Street gang were sitting
sitting and fired numerous
and fired numerous gunshots into the
gunshots into the vehicle.
vehicle.
88
Three
Three (3)
(3) of
ofthe
the 27th
27th Street
Street gang
gang members
members were
were struck
struck while
while the
the fourth
fourth was
was able
able to
to flee
flee the
the
vehicle.
vehicle. Officer
Officer Lai
Lai testified
testified that
that police
police were
were able
able to
to identify
identify the
the stolen
stolen Buick
Buick Verano
Verano used
used in
in
this
this shooting
shooting and
and recovered
recovered itit the
the following
following day
day near
near 22nd
22nd Street
Street and
and Passyunk
Passyunk Avenue.
Avenue. N.T.
N.T.
6/13/2023,
6/13/2023, at
at 88-91.
88-91.
Smith
Smith testified
testified that
that he
he was
was arrested
arrested on
on March
March 6,
6, 2019,
2019, in
in relation
relation to
to the
the Marston
Marston Street
Street
triple
triple shooting.
shooting. At
At the
the time
time he
he was
was arrested,
arrested, Smith
Smith was
was in
in possession
possession of
of aa Glock
Glock .40,
.40, which
which he
he
stated
stated had
had been
been used
used in
in aa shooting
shooting near
near 2200
2200 Point
Point Breeze
Breeze Avenue
Avenue the
the previous
previous night.
night. While
While in
in
custody,
custody, Smith
Smith decided
decided itit was
was in
in his
his best
best interest
interest to
to cooperate
cooperate with
with the
the Commonwealth
Commonwealth and
and the
the
Pennsylvania
Pennsylvania Attorney
Attorney General’s
General's Office.
Office. Following
Following aa proffer
proffer session,
session, Agent
Agent Marano
Marano ultimately
ultimately
decided
decided to
to take
take formal
formal statements
statements from
from Smith.
Smith. From
From 2019
2019 to
to 2021,
2021, Agent
Agent Marano
Marano received
received
approximately
approximately fifteen
fifteen (15)
(15) to
to twenty
twenty (20)
(20) statements
statements from
from Smith
Smith in
in which
which Smith
Smith gave
gave accounts
accounts
that
that implicated
implicated himself
himself and
and others
others in
in multiple
multiple 31st
31st Street
Street gang-related
gang-related shooting
shooting incidents.
incidents. Smith
Smith
testified
testified that
that he
he had
had to
to sign
sign aa cooperation
cooperation agreement
agreement and
and that
that he
he was
was advised
advised that
that if
if he
he did
did not
not
abide
abide by
by the
the terms
terms of
of the
the agreement,
agreement, he
he would
would potentially
potentially be
be subject
subject to
to aa sentence
sentence of
of life
life
imprisonment.
imprisonment. Smith
Smith ultimately
ultimately pled
pled guilty
guilty to
to multiple
multiple criminal
criminal offenses,
offenses, including
including conspiracy,
conspiracy,
aggravated
aggravated assault,
assault, and
and firearms
firearms charges,
charges, in
in twelve
twelve (12)
(12) different
different cases.
cases. Smith
Smith testified
testified that
that he
he
was
was offered
offered aa sentence
sentence of
of five
five (5)
(5) to
to twenty
twenty (20)
(20) years
years of
of confinement
confinement in
in exchange
exchange for
for his
his
cooperation.
cooperation. Id.
Id. at
at 31-35
31-35 101-118,
101-118, 121-128,
121-128, 159-161,
159-161, 207-209;
207-209; N.T.
N.T. 6/15/2023,
6/15/2023, at
at 79-82.
79-82.
Smith
Smith confirmed
confirmed that
that he
he gave
gave aa series
series of
of statements
statements to
to police
police in
in which
which he
he revealed
revealed details
details
of
of shootings
shootings that
that the
the 31st Street
31st Street gang
gang was
was involved
involved in,
in, much
much of
of which
which was
was previously
previously unknown
unknown
to
to police.
police. One
One of
of the
the statements
statements that
that Smith
Smith gave
gave was
was regarding
regarding the
the Marston
Marston Street
Street triple
triple shooting
shooting
for
for which
which he
he had
had been
been arrested.
arrested. Philadelphia
Philadelphia Police
Police Detective
Detective Andrew
Andrew Gallagher,
Gallagher, who
who responded
responded
to
to the
the Marston
Marston Street
Street triple
triple shooting,
shooting, testified
testified that
that he
he later
later became
became aware
aware of
of Smith’s
Smith's statement
statement
99
and stated
and stated that
that itit revealed
revealed details
details previously unknown to
previously unknown to police. N.T. 6/14/2023,
police. N.T. 6/14/2023, at
at 95-96;
95-96; N.T.
N.T.
6/15/2023,
6/15/2023, at
at 140-142.
140-142.
Particularly, Smith revealed
Particularly, Smith revealed that
that he
he was
was in
in aa black
black vehicle
vehicle in
in front
front of
ofthe
the silver
silver Buick
Buick
Verano which
Verano which committed
committed the
the shooting. Detective Gallagher
shooting. Detective testified that
Gallagher testified that he
he initially
initially did
didnot
not
know about
know about this
this black
blackvehicle’s
vehicle's involvement
involvement and
and was
was able
ableto
to confirm
confirm its
its presence upon
presence upon
reviewing footage
reviewing fromthe
footagefrom the shooting. Smithalso
shooting. Smith also.revealed
revealedthat
thathe
he was
was in
inthe
theblack
blackvehicle
vehiclewith
with
EricWoodard
Eric Woodardand
andWoodard’s
Woodard'sgirlfriend, whichwas
girlfriend, which wasconsistent
consistentwith
withother
otherinformation
informationDetective
Detective
hadseen.
Gallagherhad
Gallagher seen.Smith
Smithidentified
identifiedJhaquil
JhaquilEguilar andKhalid
Eguilarand KhalidHarrison
Harrisonasasthe
theshooters
shootersininthe
the
BuickVerano.
Buick Verano.Detective
DetectiveGallagher testifiedthat
Gallaghertestified thatphone recordsfor
phonerecords forHarrison’s
Harrison'scell
cellphone
phoneshowed
showed
movementconsistent
movement consistentwith
withthis
thisinformation
informationand
andthat
thatEguilar wasobserved
Eguilarwas observedinside
insideaabarbershop
barbershop
nexttotowhere
next wherethe
theVerano
Veranowas
waslocated
locatedthe
theday
dayafter
afterthe
theshooting. N.T.6/15/2023,
shooting.N.T. 6/15/2023,atat142-149.
142-149.
Smithadditionally
Smith additionallygave statementsregarding
gavestatements regardingaaseries
seriesofofshootings thatoccurred
shootingsthat occurredfrom
from
October17,
October 17,2017,
2017,totoJuly
July16,
16,2020.
2020.Smith
Smithidentified
identifiedKhalid
KhalidHarrison,
Harrison,Jhaquil Eguilar,Mujihad
JhaquilEguilar, Mujihad
Dean,Tahkeam
Dean, TahkeamWilliams,
Williams,Saheem
SaheemTart,
Tart,Hyfese Richardson,Eric
HyfeseRichardson, EricWoodard,
Woodard,Tymeir
TymeirShands,
Shands,and
and
himselfasas31st
himself 31stStreet
Streetgang memberswho
gangmembers whoparticipated
participatedininthese
theseshootings, whichwere
shootings,which werelargely
largely
committedusing
committed stolenvehicles
usingstolen vehiclesand
andtargeted
targetedatatknown
knownmembers
membersofofthe
the27th
27thStreet
Streetgang.
gang.Smith
Smith
thathehewas
agreedthat
agreed waspersonally involvedininshooting
personallyinvolved shootingincidents
incidentswhere
wherea atotal
totalofofnineteen
nineteen(19)
(19)
people wereshot
peoplewere shotat,at,and
andthat
thathehewas
wasinvolved
involvedinina ashooting
shootingononDecember
December19,19,2017,
2017,which
which
resultedininthe
resulted thedeath
deathofof NasirLivingston.
Nasir N.T.6/14/2023,
Livingston.N.T. 6/14/2023,atat31-39,
31-39,64-104,
64-104,136-174.
136-174.
Smithgave
Smith a signedstatement
gavea signed statementregarding theshooting
regardingthe shootingofof sixteen-year-oldJ.W.H.
sixteen-year-old J. W.H.which
which
occurredononOctober
occurred October18,18,2017,
2017,around
around8:00
8:00p.m. near
p.m.near the1400
the 1400block
blockofof SouthEtting
South Street.
EttingStreet.
Philadelphia
Philadelphia PoliceDetective
Police Detective MichaelFerry
Michael Ferry testified
testified that
that J.W.H.,a member
J.W.H., a member
ofof
thethe 27th
27th Street
Street
wasshot
gang,was
gang, shot multiple
multiple times.Ballistic
times. Ballisticevidence
evidence and
and videofootage
video footage recovered
recovered from
from thethe crime
crime
1010
scene indicated that four (4) individuals were involved. Smith, who was on house arrest at the
scene indicated that four (4) individuals were involved. Smith, who was on house arrest at the
time of the shooting, testified that Khalid Harrison and Jhaquil Eguilar came to his home and
time of the shooting, testified that Khalid Harrison and Jhaquil Eguilar came to his home and
discussed the shooting. Agent Marano testified that he investigated the Etling Street shooting and
discussed the shooting. Agent Marano testified that he investigated the Etting Street shooting and
determined that four (4) firearms were used to shoot J.W.H. Three (3) days after this shooting,
determined that four (4) firearms were used to shoot J.W.H. Three (3) days after this shooting,
Appellant was arrested while in possession of one of the guns that had been used in the shooting.
Appellant was arrested while in possession of one of the guns that had been used in the shooting.
Agent Marano later found communications on Instagram between Tahkeam Williams, who was
Agent Marano later found communications on Instagram between Tahkeam Williams, who was
identified as one of the shooters, and Yameen Mofield from October 2017 in which they
identified as one of the shooters, and Yameen Mofield from October 2017 in which they
discussed being armed and preparing to shooting someone. N.T. 6/13/2023, at 95-103; N.T.
discussed being armed and preparing to shooting someone. N.T. 6/13/2023, at 95-103; N.T.
6/14/2023,atat35-39;
6/14/2023, 35-39;N.T.
N.T.6/15/2023,
6/15/2023,atat102-110.
102-110.
Smith also gave a signed statement regarding the murder of R.B. on October 4, 2018, at
Smith also gave a signed statement regarding the murder of R.B. on October 4, 2018, at
2548 Passyunk A venue. Smith stated that on the night of the murder, he was with his cousin
2548 Passyunk Avenue. Smith stated that on the night of the murder, he was with his cousin
Devon Jacobs, Javon Parris, and Tymeir Shands at Jacobs' house at 1600 Napa Street. Smith
Devon Jacobs, Javon Parris, and Tymeir Shands at Jacobs’ house at 1600 Napa Street. Smith
testified that after the shooting, Khalid Harrison, Yameen Mofield, Appellant, and another
testified that after the shooting, Khalid Harrison, Yameen Mofield, Appellant, and another
person came to the house. Smith did not know the fourth person but identified him in his
person came to the house. Smith did not know the fourth person but identified him in his
statement to police as "a young boy named Markell." Harrison, Mofield, and Appellant told
statement to police as “a young boy named Markell.” Harrison, Mofield, and Appellant told
Smith and the others present that somebody had been shot and killed at a gas station on
Smith and the others present that somebody had been shot and killed at a gas station on
Passyunk.
Passyunk. N.T.
N.T. 6/14/2023,
6/14/2023, at at 39-45,
39-45, 48-49,
48-49, 200.
200.
Mofield told the group that they had rode through Wilson Park and "saw Jameir pumping
Mofield told the group that they had rode through Wilson Park and “saw Jameir pumping
gas at the gas station" as they were corning out. Mofield then said that they spun around and
gas at the gas station” as they were coming out. Mofield then said that they spun around and
found Jameir gone, but that they still started shooting When they saw a couple other people from
found Jameir gone, but that they still started shooting when they saw a couple other people from
Wilson. Mofield said that he started chasing "Naseem's little brother" and that he knew he hit
Wilson. Mofield said that he started chasing “Naseem’s little brother” and that he knew he hit
him with his gun. Additionally, Mofield stated that he had dropped his phone at the scene. Smith
him with his gun. Additionally, Mofield stated that he had dropped his phone at the scene. Smith
told police in his statement that Harrison had a PPX9 handgun, Mofield had a .9 Taurus pistol,
told police m his statement that Harrison had a PPX9 handgun, Mofield had a .9 Taurus pistol,
11
11
and Appellant
and Appellant had
had aa .38
.38 revolver,
revolver, and
and that
that he
he did
did not
not know
know if
if Markell
Markell had
had aa gun.
gun. Smith later
Smith later
positively identified
positively identified aa photograph
photograph of
of Markell Grasty that
Markell Grasty that was shown to
was shown to him
him by
by police.
police. Smith
Smith told
told
police that
police the PPX9
that the had been
PPX9 had been previously used in
previously used in the Marston Street
the Marston triple shooting
Street triple that he
shooting that he was
was
involved in.
involved in. Smith
Smith also
also told police that
told police that he
he had
had watched
watched aa video
video of
of the
the shooting
shooting on
on Instagram
Instagram and
and
was able
was able to
to identify
identify Mofield
Mofleld as
as the
the individual
individual seen
seen jumping
jumping out
out of
of aa white
white vehicle
vehicle with
with his
his face
face
covered and
covered and chasing
chasing somebody.
somebody. Id. at 45-64.
at 45-64.
Agent Marano
Agent Marano confirmed
confirmed that
that Smith
Smith gave
gave aa statement in February
statement in February 2020
2020 regarding
regarding the
the
murder of
murder of R.B.
R.B. Agent
Agent Marano
Marano reviewed
reviewed the
the call detail records
call detail records for Smith’s cell
for Smith's cell phone
phone and
and
verified that
verified that Smith
Smith had
had been
been present
present at
at 1600
1600 South
South Napa
Napa Street at the
Street at the time
time the murder occurred.
the murder occurred.
Based on
Based on Smith's
Smith’s information
information that
that aa PPX9 had been
PPX9 had been used
used in
in the
the homicide
homicide and
and that
that it
it had
had been
been
used in
used in other
other shootings
shootings too, Agent Marano
too, Agent Marano ordered
ordered that
that the
the ballistic evidence recovered
ballistic evidence recovered from
from the
the
homicide at
homicide at 2548
2548 Passyunk Avenue
Passyunk A be crosschecked
venue be crosschecked with ballistic evidence
with ballistic evidence recovered
recovered from 1600
from 1600
South Marston
South Marston Street
Street and two (2)
and two other shootings.
(2) other shootings. N.T.
N.T. 6/15/2023,
6/15/2023, at
at 82-90.
82-90.
Natalie Murphy,
Natalie an expert
Murphy, an expert in
in firearms
firearms identification
identification and analysis, testified
and analysis, testified that
that she
she
analyzed sixteen
analyzed sixteen (16)
(16) 9mm Luger fired
9mm Luger fired cartridge
cartridge casings
casings and
and five
five (5) bullet specimens
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