Opinion

Com. v. Wilkins, H.

Court
Superior Court of Pennsylvania
Filed
Sep 23, 2025
Status
Unpublished
On the bench
Nichols
Cited by
0 cases
Authority
More cited than 39.4%

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37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

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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Com. v. Wilkins, H. | Frix