# Com. v. Wilkins, H.

> Superior Court of Pennsylvania · September 23, 2025

URL: https://www.frixlaw.com/law-library/cases/11142997

## Case

- **Court:** Superior Court of Pennsylvania
- **Decided:** September 23, 2025
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Nichols
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37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
(5) bullet specimens recovered
recovered

from the
from the murder
murder investigation
investigation at
at 2435 West Passyunk
2435 West Passyunk Avenue.
Avenue. Ms. Murphy’s ballistic
Ms. Murphy's ballistic analysis
analysis

revealed that
revealed that the
the first
first eight (8) fired
eight (8) fired cartridge casings were
cartridge casings fired from
were fired from aa single
single firearm while the
firearm while the

other eight
other eight (8)
(8) fired
fired cartridge
cartridge casings were fired
casings were fired from
from aa separate firearm. Ms.
separate firearm. Ms. Murphy
Murphy testified
testified

that the
that the five
five (5)
(5) bullet
bullet specimens
specimens consisted of one
consisted of one (1)
(1) intact
intact bullet
bullet and
and four (4) bullet
four (4) bullet jackets. Ms.
jackets. Ms.

Murphy concluded
Murphy that the
concluded that intact bullet
the intact and bullet
bullet and jacket 11 were
bullet jacket from the
were from the .38
.38 or
or 9mm family of
9mm family of

caliber, and
caliber, and that
that bullet
bullet jackets
jackets 22 and
and 44 were
were fired
fired from the same
from the firearm. Ms.
same firearm. Ms. Murphy
Murphy confirmed
confirmed

that she
that she was requested to
was requested to conduct
conduct aa crosscheck
crosscheck against
against ballistic
ballistic evidence recovered from
evidence recovered from other
other

shootings. This crosscheck
shootings. This crosscheck revealed
revealed that
that the
the same firearm was
same firearm was used to fire
used to fire both
both aa group
group of
of fired
fired

12
12
cartridge
cartridge casings
casings recovered
recovered from
from 1600
1600 South
South Marston
Marston Street
Street and
and the
the first
first group
group of
offired
fired cartridge
cartridge

casings
casings recovered
recovered from 2435 West
from2435 West Passyunk
Passyunk Avenue.
Avenue. Id.
Id at
at 38-57.
38-57.

Based
Based on
on information
information in
in Smith’s
Smith's statement
statement that
that Appellant,
Appellant, Yameen
Yameen Mofield,
Mofield, Khalid
Khalid

Harrison,
Harrison, and
and Markell
Markell Grasty
Grasty were
were present
present at
at R.B.’s
R.B.'s murder,
murder, Agent
Agent Marano
Marano reviewed
reviewed call
call detail
detail

records
records for
for Appellant,
Appellant, Mofield,
Mofield, and
and Harrison.
Harrison. Agent
Agent Marano
Marano testified
testified that
that he
hereceived
received location
location

data
data for
for Mofield
Mofield and
and Harrison’s
Harrison's cell
cell phones
phones which
which placed
placed them
them both
both in
in the
the area
area of
ofthe
the murder
murder at
at

the
the time
time itit occurred,
occurred, but
but that
that he
he was
was unable
unable to
to retrieve
retrieve location
location data
data for
for Appellant’s
Appellant's cell
cell phone.
phone.

Agent
Agent Marano
Marano investigated
investigated Smith’s
Smith's claim
claim that
that aa phone
phone had
had been
been dropped
dropped at
at the
the scene
scene of
ofthe
the

murder
murder and
and determined
determined that
that the
the only
only phone
phone recovered
recovered from
from the
the scene
scene belonged
belonged to
to one
one of
of the
the

shooting
shooting victims.
victims. Id.
Id at
at 90-102,
90-102, 111-113,
111-113, 126-127.
126-127.

Amanda
Amanda McCourtie,
McCourtie, aa digital
digital forensic
forensic analyst
analyst with
with the
the Philadelphia
Philadelphia District
District Attorney’s
Attorney's

Office,
Office, testified
testified as
as an
an expert
expert in
in cell
cell site
site analysis,
analysis, cell
cell phone
phone extraction
extraction and
and analysis,
analysis, and
and social
social

media
media extraction
extraction and
and analysis.
analysis. Ms.
Ms. McCourtie
McCourtie stated
stated that
that she
she first
first assisted
assisted with
with the
the investigation
investigation

into
into R.B.’s
R.B.'s murder
murder by
by reviewing
reviewing posts
posts that
that had
had been
been made
made on
on the
the Instagram
Instagram page
page for
for “No
"No Gun
Gun

Zone
Zone Philadelphia,”
Philadelphia," which
which included
included an
an image
image of
of R.B.,
R.B., aa screenshot
screenshot from
from aa news
news report
report about
about the
the

case,
case, and
and message
message sent
sent to
to the
the page
page reporting
reporting gunshots
gunshots at
at the
the 24th
24th and
and Passyunk
Passyunk gas
gas station.
station.

Based
Based on
on these
these posts,
posts, Ms.
Ms. McCourtie
McCourtie was
was ultimately
ultimately able
able to
to find
find aa video
video capturing
capturing the
the shooting
shooting

posted
posted to
to the
the Philadelphia
Philadelphia Inquirer
Inquirer YouTube
YouTube page.
page. N.T.
N.T. 6/16/2023,
6/16/2023, at
at 57-78.
57-78.

Ms. McCourtie
Ms. McCourtie testified
testified that
that she
she was
was next
next tasked
tasked with
with looking
looking into
into Markell
Markell Grasty
Grasty and
and

was
was provided
provided with
with an
an extraction
extraction of
of aa cell
cell phone
phone associated
associated with
with Grasty.
Grasty. From
From this
this extraction,
extraction, Ms.
Ms.

McCourtie
McCourtie found
found pictures
pictures of
of Grasty
Grasty holding
holding firearms,
firearms, videos
videos of
of Grasty,
Grasty, videos
videos of
of Yameen
Yameen

Mofield,
Mofield, and
and aa video
video of
of Grasty
Grasty and
and Mofield
Mofield together.
together. Ms.
Ms. McCourtie
McCourtie analyzed
analyzed the
the connections
connections

between
between the
the phone
phone number
number associated
associated with
with Grasty ’s phone
Grasty's phone and
and phone
phone numbers
numbers associated
associated with
with

13
13
Appellant, Mofield,
Appellant, Mofield, and
and Khalid
Khalid Harrison,
Harrison, and
and determined that there
determined that there were
were communications
communications

between
between the
the numbers
numbers belonging
belonging to Appellant, Mofield,
to Appellant, Mofield, and
and Harrison,
Harrison, but
but that
that Grasty
Grasty only
only had
had

communications
communications with
with Mofield. Ms. McCourtie
Mofield. Ms. McCourtie additionally
additionally determined
determined that Grasty followed
that Grasty followed both
both

Appellant
Appellant and
and Harrison
Harrison on
on Instagram
Instagram and
and had
had communicated
communicated numerous times with
numerous times Mofield on
with Mofield on

Instagram.
Instagram. Id.
Id. at
at 78-88.
78-88.

Ms.
Ms. McCourtie
McCourtie further
further testified
testified that
that she
she reviewed
reviewed the
the contents
contents of
of Mofield’
Mofield'ss Instagram
Instagram

account
account and
and found
found messages
messages sent
sent from
from Mofield’
Mofield'ss Instagram
Instagram account
account which
which showed that he
showed that he was
was

using
using the
the same
same phone
phone number
number both
both before
before and
and after
after the
the shooting.
shooting. Ms.
Ms. McCourtie
McCourtie conducted
conducted cell
cell

site
site analysis
analysis on
on that
that phone
phone number
number and phone numbers
and phone numbers associated
associated with
with Appellant,
Appellant, Harrison,
Harrison, and
and

Nyseem
Nyseem Smith.
Smith. The
The cell
cell site
site analysis
analysis on
on Smith’s
Smith's phone
phone revealed
revealed that
that numerous
numerous calls
calls were
were made
made

from
from 7:20
7.20 p.m.,
p.m., shortly
shortly before
before the
the homicide,
homicide, until
until 8:28
8:28 p.m.,
p.m., shortly
shortly after
after the
the homicide.
homicide. All
All of
of

these
these calls
calls utilized
utilized the
the same
same cell
cell tower
tower which
which was
was consistent
consistent with
with the
the phone
phone remaining
remaining stagnant
stagnant

and
and being
being used
used at
at 1600
1600 South
South Napa
Napa Street.
Street. Id.
Id. at
at 89-100.
89-100.

The
The cell
cell site
site analysis
analysis on
on Mofield’s
Mofield's phone
phone revealed
revealed that
that the
the phone
phone used
used aa cell
cell tower
tower

approximately
approximately two
two (2)
(2) miles
miles west
west of
of the
the shooting
shooting location
location at
at 7:35
7:35 p.m.
p.m. At
At 8:10
8:10 p.m.
p.m. and
and 8:12
8:12

p.m.,
p.m., Mofield’s
Mofield's phone
phone used
used the
the sector
sector of
of aa cell
cell tower
tower pointing
pointing in
in the
the direction
direction of
of the
the shooting.
shooting. At
At

8:11
8:11 p.m.
p.m. and
and 8:15
8:15 p.m.,
p.m., Mofield’s
Mofield's phone
phone used
used aa different
different cell
cell tower
tower which
which still
still pointed
pointed in
in the
the

direction
direction of
of the
the shooting.
shooting. From
From 9:13
9: 13 p.m.
p.m. to
to 9:31
9:31 p.m.,
p.m., Mofield’s
Mofield's phone
phone used
used the
the same
same cell
cell

tower,
tower, which
which pointed
pointed in
in the
the direction
direction of
of 1600
1600 South
South Napa
Napa Street.
Street. Calls
Calls that
that were
were placed
placed on
on

Mofield’s
Mofield's phone
phone from
from 10:23
10:23 p.m.
p.m. to
to 11:38
11:38 p.m.
p.m. and
and the
the following
following morning
morning used
used cell
cell towers
towers near
near

2832
2832 Aramingo
Aramingo Avenue,
A venue, Mofield’s
Mofield' s residence
residence at
at the
the time.
time. Ms.
Ms. McCourtie
McCourtie agreed
agreed that
that the
the call
call

detail
detail records
records for
for Mofield’s
Mofield's phone
phone showed
showed that
that itit was
was used
used to
to place
place numerous
numerous calls
calls both
both before
before

and
and after
after the
the murder.
murder. Id.
Id. at
at 100-108,
100-108, 130-138.
130-138.

14
14
Ms.
Ms. McCourtie
McCourtie found
found messages
messages on
onAppellant’s
Appellant'sInstagram
Instagramaccount
account from
fromthe
the morning
morning of
of

the
the homicide
homicide in
inwhich
whichhe
he stated
stated that
thathe
he was
was going
going to
to King
King of
ofPrussia
Prussiawith
with Khalid
Khalid Harrison.
Harrison. Cell
Cell

site
site analysis
analysis of
ofHarrison’s
Harrison's phone
phone revealed
revealed that
that aa call
call made
made atat 1
111
:43
:43 a.m.
a.m. used
used cell
cell towers
towers

pointing
pointing toward
toward Morris
Morris Street
Street in
in South
SouthPhiladelphia
Philadelphia and
and that
that calls
calls made
made from
from 12:58
12:58 p.m.
p.m. to
to 1
1:00
:00

p.m.
p.m. used
used cell
cell towers
towers moving
moving toward
toward the
the King
King of
ofPrussia
Prussia area.
area. Calls
Calls made
made from
from 2:31
2:31 p.m.
p.m. to
to 2:34
2:34

p.m.
p.m. placed
placed Harrison’s
Harrison's phone
phone in
inthe
the King
King of
ofPrussia
Prussia area.
area. A
A call
call made
made at
at 3:19
3:19 p.m.
p.m. placed
placed

Harrison’s
Harrison's phone
phone closer
closer to
to the
the Conshohocken
Conshohocken area
area and
and aa call
call made
made at
at 4:10
4:10 p.m.
p.m. used
used cell
cell towers
towers

closer
closer to
to the
the shooting
shooting location
location in
in Philadelphia.
Philadelphia. The
The last
last calls
calls made
made on
on Harrison’s
Harrison's phone
phone prior
prior to
to

the
the shooting
shooting at
at 7:26
7:26 p.m.
p.m. and
and 7:27
7:27 p.m.
p.m. used
used aa cell
cell tower
tower with
with the
the shooting
shooting location
location in
in the
the range.
range.

Another
Another call
call was
was not
not made
made until
until 8:14
8:14 p.m.
p.m. using
using aa cell
cell tower
tower near
near Fairmount
Fairmount Avenue
Avenue and
and West
West

Girard
Girard Avenue,
Avenue, followed
followed by
by aa call
call at
at 8:26
8:26 p.m.
p.m. using
using aa cell
cell tower
tower near
near 1714
1714 North
North 16th
16th Street,
Street, an
an

address
address associated
associated with
with 31 st Street
31st Street member
member Troy.
TroyNorman.
Norman. Id.
Id at
at 108-119.
108-119.

Ms.
Ms. McCourtie
McCourtie testified
testified that
that the
the cell
cell detail
detail records
records for
for Appellant’s
Appellant's phone
phone showed
showed several
several

calls
calls to
to and
and from
from Harrison’s
Harrison's phone
phone from
from 7:16
7: 16 a.m.
a.m. to
to 10:3
10:311 a.m.
a.m. on
on the
the day
day of
ofthe
the shooting.
shooting.

There
There were
were no
no call
call activities
activities on
on Appellant’s
Appellant's between
between 7:23
7:23 p.m.
p.m. and
and 8:48
8:48 p.m.
p.m. Ms.
Ms. McCourtie
McCourtie

noted
noted that
that there
there were
were similarly
similarly no
no call
call activities
activities on
on Mofield’s
Mofield's phone
phone between
between 7:35
7:35 p.m.
p.m. and
and 8:10
8: 10

p.m.
p.m. and
and no
no call
call activities
activities on
on Harrison’s
Harrison's phone
phone between
between 7:27
7:27 p.m.
p.m. and
and 8:14
8:14 p.m.
p.m. The
The shooting

took
took place
place at approximately 8:00 p.m. Id.
Id at 119-122.
119-122.

Ms. McCourtie testified that
that she
she noticed that
that one of the
the calls Harrison’s
Harrison's phone
phone made was
was

to a state prison. Ms. McCourtie ultimately determined that the
the call was
was made to an inmate
inmate

named
named Markell
Markell Davis,
Davis, aa 31st
31st Street
Street gang
gang member.
member. Ms.
Ms. McCourtie
McCourtie listened
listened to
to all
all of
of Davis’s
Davis's

recorded prison tapes and testified that two (2) calls stood out to her. Ms. McCourtie recognized

Harrison’s
Harrison's voice on the first call. In this call, which was placed
placed on October 4, 2018, the day of

15
the shooting,
the shooting, Harrison
Harrison told
told Davis
Davis that
that he
he was
was out
out on
on Tasker
Tasker Street
Street with “Susu and
with "Susu and Nunu,"
Nunu,” who
who

he called
he “my young
called "my young killers
killers ...
... my
my young gorillas, my
young gorillas, my young savages” who
young savages" who were
were "out
“out here
here

doing big
doing big things."
things.” Id
Id. at
at 122-127;
122-127; Comm.
Comm. Exhibit
Exhibit 173.
173.

Ms. McCourtie
Ms. McCourtie recognized
recognized the
the voice
voice of
of Tymeir
Tymeir Shands,
Shands, aa 31st
31st Street
Street gang
gang member, on
member, on

the second
the call, which
second call, which was
was placed
placed on
on October
October 14,
14, 2018,
2018, ten
ten (10)
(1 0) days
days after
after the
the shooting. In this
shooting. In this

call, Shands
call, Shands stated
stated that
that "young
“young bull
bull lil
lil Su” was "on
Su" was “on the
the run"
run” for
for aa 'Joint."
“joint.” Davis
Davis replied that he
replied that he

had been
had been told
told about
about "one
“one of
of them little young
them little young bul
bul getting
getting boxed
boxed in ... at
in ... at the
the gas
gas station."
station.” Shands
Shands

told Davis
told Davis that
that Su
Su was “on tour"
was "on tour” for
for that
that and
and that
that "he
“he said he dropped
said he dropped his
his phone
phone out
out there."
there.”

Shands added
Shands added that
that "it
“it was
was aa goodjawn
good j awn ...
. ..besides
besides him
him dropping
dropping the
the phone."
phone.” Shands
Shands also
also said to
said to

Davis that he
Davis that he had
had advised
advised the
the others
others to
to "swap
“swap the
the nine."
nine.” N.T.
N.T. 6/16/2023, at 127-130,
6/16/2023, at 127-130, 138-143;
138-143;

Comm. Exhibit 174.
Comm. Exhibit 174.

Craig Judd, an
Craig Judd, an expert
expert in
in the
the field
field of
of forensic
forensic DNA
DNA and
and analysis,
analysis, testified that he
testified that he

conducted aa DNA
conducted DNA analysis
analysis for
for the
the Passyunk
Passyunk Avenue
Avenue shooting
shooting on
on October
October 4,
4, 2018.
2018. Mr.
Mr. Judd
Judd

testified that
testified that he
he conducted
conducted DNA
DNA analysis
analysis on
on aa book
book bag
bag and
and aa hooded sweatshirt collected
hooded sweatshirt collected from
from

the scene
the scene of
of the
the shooting.
shooting. Mr.
Mr. Judd used aa blood
Judd used blood card
card from
from R.B. and aa buccal
R.B. and buccal swab
swab from
from

Appellant as
Appellant as reference
reference samples. Mr. Judd
samples. Mr. Judd concluded that the
concluded that the DNA
DNA collected
collected from the book
from the book bag
bag

was consistent
was consistent with
with aa mixture
mixture of
of partial
partial DNA
DNA profiles
profiles originating
originating from at least
from at least three
three (3)
(3)

individuals, at
individuals, at least
least one
one of
of whom
whom was
was male.
male. The
The major
major component
component of
of the
the DNA
DNA mixture
mixture was
was

consistent with
consistent with originating from an
originating from an unknown
unknown female.
female. Results
Results were
were inconclusive as to
inconclusive as to whether
whether

R.B. or Appellant
R.B. or Appellant contributed
contributed to
to the
the minor
minor components
components of
of the
the DNA mixture. Mr.
DNA mixture. Mr. Judd
Judd also
also

concluded that
concluded that the
the DNA
DNA collected
collected from
from the
the hooded
hooded sweatshirt
sweatshirt was
was consistent
consistent with
with aa mixture
mixture of
of

partial DNA profiles
partial DNA originating from
profiles originating from at
at least
least two
two (2)
(2) individuals,
individuals, at
at least
least one
one of
of whom was
whom was

male. R.B.
male. was determined
R.B. was determined to
to be
be the
the source
source of
of the
the major
major component
component of
of the
the DNA
DNA mixture
mixture and
and

16
16
results
results were
wereinconclusive
inconclusive as
as to
to whether
whetherAppellant
Appellant contributed
contributedto
tothe
the minor
minorcomponent
component of
ofthe
the

DNA
DNAmixture.
mixture. N.T.
N.T. 6/15/2023,
6/15/2023, atat60-72.
60-72.

Philadelphia
Philadelphia Police
Police Detective
Detective Robert
Robert Conway
Conway testified
testifiedthat
that he
he was
was the
the assigned
assigned

investigator
investigatorfor
for aatriple
triple shooting
shooting that
that occurred
occurred on
on April
April22,
22, 2020,
2020, in
in the
the area
area of
of5300
5300 Greenway
Greenway

Avenue.
Avenue. Detective
Detective Conway
Conway testified
testified that
that four
four (4)
(4) members
members of
ofthe
the 31st
31st Street
Street gang,
gang, including
including

Appellant,
Appellant, left
left aa recording
recording studio
studio and
and got
got into
into aa Volkswagen
Volkswagen Tiguan
Tiguan parked
parked on
on 5300
5300 Greenway
Greenway

Avenue.
Avenue. As
As soon
soon as
as the
the four
four (4)
(4) individuals
individuals got
got into
into the
the Volkswagen,
Volkswagen, aa white
white Jeep
Jeep Grand
Grand

Cherokee
Cherokee Jeep
Jeep pulled
pulled alongside
alongside and
and opened
opened fire
fire at
at the
the occupants
occupants of
ofthe
the Volkswagen.
Volkswagen. Three
Three (3)
(3) of
of

the
the people
people in
in the
the car,
car, including
including Appellant,
Appellant, were
were shot.
shot. Video
Video footage
footage showed
showed Appellant
Appellant exiting
exiting

the
the Volkswagen
Volkswagen from
from the
the driver’s
driver's side
side after
after being
being shot
shot and
and hopping
hopping away.
away. Three
Three (3)
(3) firearms
firearms

were
were recovered,
recovered, including
including aa 9mm
9mm Glock
Glock handgun
handgun that
that was
was found
found lying
lying on
on the
the street
street on
on the
the

driver’s
driver's side
side of
ofthe
the Volkswagen.
Volkswagen. Detective
Detective Conway
Conway testified
testified that
that the
the Volkswagen
Volkswagen had
had been
been

stolen
stolen nine
nine (9)
(9) days
days prior
prior to
to the
the shooting.
shooting. N.T.
N.T. 6/13/2023,
6/13/2023, at
at 103-112,
103-112, 115-116.
115-116.

Philadelphia
Philadelphia Police
Police Detective
Detective Francesco
Francesco Campbell
Campbell testified
testified that
that he
he was
was asked
asked to
to obtain
obtain aa

DNA
DNA sample
sample from
from Yameen
Yameen Mofield,
Mofield, but
but that
that Mofield
Mofield refused
refused to
to give
give aa DNA
DNA sample
sample on
on multiple
multiple

occasions.
occasions. Supervisory
Supervisory Special
Special Agent
Agent James
James Owens
Owens testified
testified that
that an
an unsuccessful
unsuccessful attempt
attempt to
to

arrest
arrest Yameen
Yameen Mofield
Mofield was
was made
made at
at his
his last
last known
known residence
residence on
on April
April 15,
15, 2021
2021.. Agent
Agent Owens
Owens

opened
opened aa fugitive
fugitive case
case for
for Mofield
Mofield two
two (2)
(2) days
days later.
later. After
After Agent
Agent Owens
Owens subsequently
subsequently learned
learned

that
that Mofield
Mofield was
was in
in the
the area
area of
of Atlanta,
Atlanta, Georgia,
Georgia, he
he generated
generated aa collateral
collateral lead
lead which
which led
led to
to

Mofield’
Mofield'ss arrest
arrest on
on May
May 13,
13, 2021,
2021, in
in South
South Fulton,
Fulton, Georgia.
Georgia. The
The Commonwealth
Commonwealth and
and counsel
counsel

for
for Appellant
Appellant and
and Yameen
Y ameen Mofield
Mofield stipulated
stipulated that
that neither
neither Appellant
Appellant nor
nor Mofield
Mofield had
had aa valid
valid

license to carry a concealed weapon.
weapon. N.T. 6/15/2023, at 31-36; N.T. 6/20/2023, at 17-23, 26.

17
17
Procedural
Procedural History
History

On
On March
March 16,
16, 2023,
2023, the
the Commonwealth
Commonwealth filed
filed aa motion
motion in
in limine
limine to
to admit
admit other
other acts
acts

evidence
evidence of
of continued
continued and
and sustained
sustained violence
violence between
between warring
warring gangs
gangs which
which would
would also
also establish
establish

that
that Appellant
Appellant and
and Yameen
Yameen Mofield
Mofield were
were both
both associated
associated with
with the
the 3
3 1st
1st Street
Street gang.
gang, The
The

Commonwealth
Commonwealth additionally
additionally sought
sought to
to admit
admit two
two (2)
(2) shootings
shootings which
which itit contended
contended showed
showed aa

pattern
pattern of
of gun
gun violence
violence perpetrated
perpetrated by
by the
the 31st Street
31st Street gang
gang against
against the
the rival
rival 27th
27th Street
Street gang
gang

leading
leading up
up to
to the
the murder
murder of
of R.B.
R.B. On
On March
March 23,
23, 2023,
2023, Appellant’s
Appellant's counsel
counsel submitted
submitted aa

memorandum
memorandum of law in
oflaw in opposition
opposition to
to the
the Commonwealth’s
Commonwealth's motion
motion in
in limine.
limine. On
On March
March 24,
24,

2023,
2023, this
this Court
Court held
held aa hearing
hearing to
to decide
decide the
the Commonwealth’s
Commonwealth's motion
motion in
in limine
limine to
to admit
admit other
other

acts.
acts. This
This Court
Court heard
heard argument
argument from
from the
the Commonwealth
Commonwealth and
and counsel
counsel for
for Appellant
Appellant and
and Mofield
Mofield

and
and ultimately
ultimately held
held its
its decision
decision under
under advisement.
advisement. On
On March
March 30,
30, 2023,
2023, this
this Court
Court granted
granted the
the

Commonwealth’s
Commonwealth's motion,
motion, allowing
allowing the
the other
other acts
acts evidence
evidence to
to be
be admitted.
admitted.

On
On March
March 29,
29, 2023,
2023, the
the Commonwealth
Commonwealth filed
filed aa second
second motion
motion in
in limine
limine to
to admit
admit other
other

acts
acts evidence
evidence of
of two
two (2)
(2) prison
prison phone
phone calls
calls made
made to
to inmate
inmate Markell
Markell Davis.
Davis. On
On March
March 30,
30, 2023,
2023,

this
this Court
Court held
held the
the Commonwealth’s
Commonwealth's second
second motion
motion in
in limine
limine under
under advisement
advisement until
until it
it had
had an
an

opportunity
opportunity to
to review
review the
the transcripts
transcripts of
of the
the recorded
recorded prison
prison calls.
calls. This
This Court
Court later
later granted
granted the
the

Commonwealth’s
Commonwealth's motion
motion in
in limine,
limine, allowing
allowing the
the two
two (2)
(2) prison
prison phone
phone calls
calls to
to be
be admitted
admitted into
into

evidence.
evidence.

Appellant
Appellant and
and Mofield’s
Mofield's trial
trial commenced
commenced on
on June
June 8,
8, 2023.
2023. On
On June
June 21,
21, 2023,
2023, after
after

hearing
hearing all
all evidence,
evidence, closing
closing arguments
arguments from
from counsel,
counsel, and
and jury
jury instructions
instructions from
from this
this Court,
Court, aa

jury
jury deliberated
deliberated and
and found
found Appellant
Appellant guilty
guilty of
of one
one (1)
(1) count
count each
each of
of Murder
Murder of
of the
the Third
Third Degree,
Degree,

Conspiracy
Conspiracy to
to Commit
Commit Murder
Murder of
of the
the Third
Third Degree,
Degree, Conspiracy
Conspiracy to
to Commit
Commit Murder,
Murder, VUFA
VUFA §§

6106,
6106, VUFA
VUFA §§ 6108,
6108, and
and PIC,
PIC, and
and two
two (2)
(2) counts
counts of
of Aggravated
Aggravated Assault.
Assault. N.T.
N.T. 6/21/2023,
6/21/2023, at
at 10-
10-

18
18
13. This
13. This Court ordered aa presentence
Court ordered presentence investigation
investigation report
report and
and aa mental health evaluation
mental health for
evaluation for

Appellant and
Appellant and deferred
deferred sentencing
sentencing to
to aa later
later date.
date. Id. at 20.
Id. at 20.

This Court
This Court subsequently
subsequently held
held aa sentencing
sentencing hearing
hearing for Appellant on
for Appellant on October
October 6,
6, 2023.
2023.

Appellant’s mother
Appellant's addressed this
mother addressed Court. N.T.
this Court. 10/6/2023, at
N.T. 10/6/2023, at 45-49.
45-49. The
The Commonwealth
Commonwealth read
read

into the
into the record
record victim
victim impact
impact statements
statements submitted
submitted by R.B.’s brother,
by R.B.'s brother, sister, grandmother, uncle,
sister, grandmother, uncle,

aunt, and
aunt, and cousin.
cousin. Id
Id. at
at 14-20,
14-20, 52-54.
52-54. Both
Both Lynn
Lynn Nelson,
Nelson, R.B.’s other grandmother,
R.B.'s other grandmother, and
and Jasmine
Jasmine

Morris, R.B.'s
Morris, R.B.’s mother,
mother, also
also addressed
addressed this
this Court.
Court. Id. at 20-34,
Id. at 20-34, 52.
52. Appellant
Appellant declined
declined the
the

opportunity to
opportunity to address
address this
this Court
Court at
at his
his sentencing.
sentencing. Id.
Id. at
at 54-55.
54-55.

Thereafter, this Court
Thereafter, this sentenced Appellant
Court sentenced Appellant to
to aa term
term of
of twenty
twenty (20)
(20) to
to forty (40) years
forty (40) years of
of

confinement on
confinement on Appellant's
Appellant’s Murder of the
Murder of the Third
Third Degree conviction, followed
Degree conviction, followed by
by consecutive
consecutive

terms of
terms of twenty (20) to
twenty (20) to forty
forty (40)
(40) years for Conspiracy
years for Conspiracy to Commit Murder
to Commit Murder of
of the
the Third Degree
Third Degree

and five
and five (5)
(5) to
to ten
ten (10)
(10) years
years for the first
for the first Aggravated
Aggravated Assault.
Assault. Id.
Id. at
at 55-56.
55-56. This
This Court
Court

additionally imposed
additionally imposed concurrent
concurrent sentences
sentences of
of five
five (5)
(5) to ten (10)
to ten years each
(10) years each for Conspiracy to
for Conspiracy to

Commit Murder
Commit Murder and
and the
the second
second Aggravated
Aggravated Assault,
Assault, three-and-a-half
three-and-a-half (3½)
(3 A) to
to seven (7) years
seven (7) years for
for

VUFA $§ 6106,
VUFA 6106, and
and two-and-a-half (2 A) to
two-and-a-half (2½) to five (5) years
five (5) each for
years each for VUFA
VUFA §§ 6108
6108 and
and PIC. Id. at
PIC. Id. at

56. Appellant
56. Appellant thus
thus received
received an aggregate sentence
an aggregate sentence of
of forty-five
forty-five (45)
(45) to ninety (90)
to ninety (90) years
years of
of

confinement. Id.
confinement. Id. at
at 57. This Court
57. This expressed its
Court expressed its concerns
concerns with
with how
how Philadelphia had become
Philadelphia had become so
so

dangerous because
dangerous because of people like
of people like Appellant
Appellant who
who "don't
“don’t care
care about the value
about the value of
of the
the human life in
human life in

the slightest”
the slightest" and choose to
and choose to settle
settle matters
matters with
with guns,
guns, with
with "deadly
“deadly consequences."
consequences.” Id.
Id. at 55-56.
at 55-56.

On October
On October 11,
11, 2023,
2023, Appellant filed timely
Appellant filed timely post-sentence
post-sentence motions
motions and
and aa memorandum
memorandum

of law
of law in which he
in which he argued
argued that
that the
the jury's
jury’s verdict
verdict was
was against
against the weight of
the weight of the
the evidence and that
evidence and that

there was
there was insufficient
insufficient evidence
evidence to support the
to support the jury's
jury’s verdict.
verdict. On
On October
October 16,
16, 2023,
2023, this
this Court
Court

denied Appellant's
denied Appellant’s post-sentence
post-sentence motions
motions without
without aa hearing.
hearing. On
On November
November 14,
14, 2023, Appellant
2023, Appellant

19
19
filed aa timely
filed timely notice
notice of
of appeal
appeal to
to the
the Superior
Superior Court
Court of
of Pennsylvania.
Pennsylvania. On
On November
November 16,
16, 2023,
2023,

this Court directed
this Court directed Appellant
Appellant to
to file
file aa 1925(b)
1925(b) Statement of Errors
Statement of Errors Complained
Complained of
of on
on Appeal,
Appeal,

which Appellant
which Appellant subsequently
subsequently filed
filed on
on December
December 7,
7, 2023.
2023.

On appeal,
On Appellant raises
appeal, Appellant the following
raises the following four
four (4)
(4) issues:
issues:

1. The
1. The evidence
evidence was insufficient to
was insufficient to sustain
sustain verdicts
verdicts of
of guilty
guilty on
on any of the
any of the counts
counts for
for
the following
the reasons:
following reasons:
a. The
a. only evidence
The only evidence thatthat the
the Defendant
Defendant waswas involved
involved in in shooting
shooting the the
victim, OI]
victim, QH Bl. came from
came from aa cooperating witness who
cooperating witness who alleged
alleged
that the Defendant
that the Defendant admitted
admitted after
after the
the homicide
homicide that
that he
he was
was involved,
involved,
along with
along with twotwo individuals,
individuals, Nyheem
Nyheem Khalid
Khalid Harrison
Harrison andand Yameen
Yameen
Mofield, who
Mofield, who were
were each
each armed
armed with
with 99 mmmm handguns,
handguns, andand that
that the
the
Defendant used
Defendant used aa .38
.38 caliber
caliber revolver to shoot
revolver to shoot the
the victim;
victim;
b. The
b. The physical
physical evidence collected from
evidence collected from the
the crime
crime scene
scene consisted
consisted of of
fourteen (14)
fourteen fired cartridge
(14) fired cartridge casings
casings that were shot
that were shot from
from two separate 99
two separate
mm handguns;
mm handguns;
c. The
c. shooting of
The shooting of the
the victim
victim was
was captured
captured onon video,
video, and
and in
in it there are
it there are
only two
only individuals who
two individuals who are seen shooting;
are seen shooting;
d. The
d. The Commonwealth
Commonwealth charged charged Nyheem Khalid Harrison,
Nyheem Khalid Harrison, along
along with
with co-
co¬
defendant Yameen
defendant Mofield, with
Y ameen Mofield, with the
the shooting
shooting of the victim,
of the victim, and
and
Nyheem Khalid
Nyheem Harrison pied
Khalid Harrison pled guilty
guilty as
as part
part of
of aa negotiated
negotiated plea
plea to the
to the
shooting
shooting ofof the victim;
the victim;
e. The
e. The remaining factual bases
remaining factual bases for
for claiming
claiming the
the [[evidence was insufficient]
evidence was insufficient]
were set
were set forth
forth specifically
specifically in in the
the Defendants
Defendants Post-Sentence Motions,
Post-Sentence Motions,
which were
which were denied
denied byby the
the Trial
Trial Court.
Court.

2. The
2. verdict was
The verdict was against
against the
the weight
weight of the evidence
of the evidence asas follows:
follows:
a. The
a. only evidence
The only evidence that
that the
the Defendant
Defendant was was involved
involved in in shooting
shooting the the
victim, QI]
victim, QH BHH: came Bl. came from
from aa cooperating
cooperating witness
witness who
who alleged
alleged
that the
that the Defendant
Defendant admitted
admitted after
after the
the homicide
homicide that
that he was involved,
he was involved,
along with
along with two
two individuals, Nyheem Khalid
individuals, Nyheem Khalid Harrison
Harrison andand Yameen
Yameen
Mofield, who
Mofield, who were
were each
each armed
armed with
with 99 mmmm handguns,
handguns, andand that
that the
the
Defendant used
Defendant used aa .38
.38 caliber
caliber revolver
revolver toto shoot the victim;
shoot the victim;
b. The physical
b. The physical evidence
evidence collected from the
collected from the crime
crime scene
scene consisted
consisted of of
fourteen (14)
fourteen (14) fired
fired cartridge casings that
cartridge casings that were
were shot from two
shot from two separate
separate 99
mm handguns;
mm handguns;
c. The
c. The shooting
shooting of of the
the victim
victim was
was captured
captured onon video,
video, and
and in
in it
it there
there are
are
only two
only two individuals
individuals who
who are
are seen
seen shooting;
shooting;
d. The
d. The Commonwealth
Commonwealth charged Nyheem Khalid
charged Nyheem Khalid Harrison,
Harrison, along
along with
with co-
co¬
defendant Yameen
defendant Mofield, with
Y ameen Mofield, with the
the shooting
shooting of of the
the victim,
victim, and
and
Nyheem Khalid
Nyheem Khalid Harrison
Harrison pled
pled guilty
guilty as part of
as part of aa negotiated
negotiated plea
plea to the
to the
shooting of
shooting of the
the victim;
victim;

20
20
e. The remaining factual bases for claiming the verdict was against the
weight of the evidence were set forth specifically in the Defendants
Post-Sentence Motions, which were denied by the Trial Court.

3. The Trial Court erred by granting the Commonwealth’s
Commonwealth's Motions to Admit Other
Acts Evidence, and admitting the following
following evidence:
a. The admission of a shooting on August 8, 2018 at 1400 S. Etting Etling Street
committed by two members of the 31 31°st Street gang, to which the
Defendant allegedly belonged, and the subsequent recovery from the
Defendant the following day of a firearm used in in that shooting;
b.
b. The admission of the shooting of the Defendant and others by unknown
individuals at 5300 Greenway
Greenway Avenue
Avenue on April 22, 2020, during which
time three firearms were were recovered;
recovered;
c. The admission of of aa recorded
recorded telephone call
call from
from a state prison facility
from prisoner
prisoner Markell
Markell Davis to Nyheem Khalid Harrison the the morning
of the homicide in which Harrison stated that he was with the Defendant
of the homicide in which Harrison stated that he was with the Defendant
and co-defendant, Yameen Mofield, in which he referred to them as
and co-defendant, Y ameen Mofield, in which he referred to them as “my
"my
young
young killers.”
killers."

4.
4. The
The Trial
Trial Court
Court erred
erred by
by not
not granting
granting aa mistrial
mistrial after
after the
the Commonwealth
Commonwealth called
called
Nyheem
Nyheem Khalid
Khalid Harrison
Harrison to
to testify
testify and
and he
he refused
refused to
to answer
answer any
any questions
questions put
put to
to
him, after which the Commonwealth read directly from Harrison’s statement in
him, after which the Commonwealth read directly from Harrison's statement in
which
which he
he allegedly
allegedly inculpated
inculpated the
the Defendant
Defendant inin the
the shooting
shooting ofof QI Bl.

Appellant’s
Appellant's Pa.RA.P.
Pa.R.A.P. 1925(b)
1925(b) Statement
Statement of
of Matter
Matter (reordered).
(reordered).

Discussion
Discussion

I.I. There
Therewas
was sufficient
sufficient evidence
evidence for
for aa jury
jury to
to find Appellant acted
find_Appellant acted with
with malice
malice and
and
convict him of Murder of the Third Degree and other related offenses.
convict him of Murder of the Third Degree and other related offenses.

Appellant
Appellant claims
claims that
that there
there was
was insufficient
insufficient evidence
evidence to
to sustain
sustain any
any of
ofhis
his guilty
guilty verdicts
verdicts

relating
relating to
to the
the murder
murder of R.B. and
ofR.B. and the
the shooting
shooting of
ofK.B.
K.B. and
and Q.B.
Q.B. In
In support
support of
ofhis
his claim,
claim,

Appellant
Appellant contends
contends that
that the
the only
only evidence
evidence implicating
implicating him
him came
came from
from aa cooperating
cooperating witness
witness who
who

stated
stated that
that Appellant
Appellant used
used aa .38
.38 caliber
caliber revolver
revolver in
in the
the shooting
shooting and
and that
that Yameen
Yameen Mofield
Mofield and
and

Khalid
Khalid Harrison
Harrison used
used 9mm
9mm handguns.
handguns. Appellant
Appellant argues
argues that
that the
the only
only ballistic
ballistic evidence
evidence recovered
recovered

was
was from
from two
two (2)
(2) separate
separate 9mm
9mm handguns,
handguns, that
that video
video footage
footage only
only captured
captured two
two (2)
(2) individuals
individuals

shooting,
shooting, and
and that
that Harrison
Harrison separately
separately pled
pled guilty
guilty to
to his
his involvement
involvement in
inthe
the shooting.
shooting. Appellant
Appellant

21
21
thus argues that three (3) individuals were convicted when there was only evidence of two (2)

shooters.
shooters. Appellant’s
Appellant's first
first claim
claim is
is without
without merit
merit and
and no
no relief
relief is
is due.
due.

In reviewing a challenge to the sufficiency of the evidence, the standard of review is to

“determine
"determine whether the evidence admitted at trial and all reasonable inferences therefrom,

viewed in the light most favorable to the Commonwealth as verdict winner, were sufficient to

prove
prove every element
element of the offense beyond a reasonable doubt.”
doubt." Commonwealth v.v. Palmer, 192

A.3d 85, 89
89 (Pa. Super.
Super. 2018). This standard
standard is equally applicable to cases where the evidence is

circumstantial “so
"so long as the combination of the evidence links
links the
the accused to
to the
the crime beyond

aa reasonable
reasonable doubt.”
doubt." Commonwealth
Commonwealth v.v. Walker,
Walker, 836
836 A. 2d 999,
A.2d 999, 1000
1000 n.3
n.3 (Pa.
(Pa. Super.
Super. 2003).
2003). ItIt is
is

“within
"within the
the province
province of
of the
the fact-finder
fact-finder to
to determine
determine the
the weight
weight to
to be
be accorded
accorded to
to each
each witness’s
witness's

testimony
testimony and
and to
to believe
believe all,
all, part,
part, or
or none
none of
of the
the evidence.”
evidence." Palmer,
Palmer, 192
192 A.3d
A.3d at
at 89.
89.

To
To prove
prove aa charge
charge of
of Conspiracy,
Conspiracy, the
the Commonwealth
Commonwealth must
must establish
establish that
that aa defendant:
defendant:

“(1)
"(1) entered
entered into
into an
an agreement
agreement to
to commit
commit or
or aid
aid in
in an
an unlawful
unlawful act
act with
with another
another person
person or
or

persons,
persons, (2)
(2) with
with aa shared
shared criminal
criminal intent,
intent, and
and (3)
(3) an
an overt
overt act
act [was]
[was] done
done in
in furtherance
furtherance of
of

the
the conspiracy.”
conspiracy." Commonwealth
Commonwealth v.v. Beatty,
Beatty, 227
227 A.3d
A.3d 1277,
1277, 1283-84
1283-84 (Pa.
(Pa. Super.
Super. 2020).
2020). Although
Although

the
the existence
existence of
ofan
an agreement
agreement to
to commit
commit or
or aid
aid in
in an
an unlawful
unlawful fact
fact isis an
an “essential
"essential element
element of
of

conspiracy,
conspiracy, ititisis generally
generally difficult
difficult to
to prove
prove an
an explicit
explicit or
or formal
formal agreement.”
agreement." Commonwealth
Commonwealth v.v»

Spotz,
Spotz, 716
716 A.2d
A.2d 580, 592 (Pa.
580,592 (Pa. 1998).
1998). Such
Such an
an agreement
agreement may
may therefore
therefore “be
"be established
established

inferentially
inferentially by
by circumstantial
circumstantial evidence,”
evidence," including
including the
the relations,
relations, conduct,
conduct, or
or circumstances
circumstances of
of

the
the parties.
parties. Id.
Id.

Circumstantial
Circumstantial evidence
evidence of
ofthe
the “conduct
"conduct of
ofthe
the parties
parties and
and the
the circumstances
circumstances surrounding
surrounding

such
such conduct
conduct may
may create
create aa ‘web
'web of
ofevidence’
evidence' linking
linking the
the accused
accused to
to the
the alleged
alleged conspiracy
conspiracy

beyond
beyond aareasonable
reasonable doubt.”
doubt." Commonwealth
Commonwealth v.v. Irvin,
Irvin, 134
134 A.3d
A.3d 67,
67, 76
76 (Pa.
(Pa. Super.
Super. 2016).
2016). Once
Once aa

22
22
conspiracy
conspiracy is
is established,
established, the
the “actions
"actions of
of each
each co-conspirator
co-conspirator may
may be
be imputed
imputed to
to the
the other
other

conspirators.”
conspirators." Commonwealth
Commonwealth v.v. Geiger,
Geiger, 944
944 A.2d
A.2d 85,
85, 91
91 (Pa.
(Pa. Super.
Super. 2008).
2008). Each
Each conspirator
conspirator is
is

considered
considered criminally
criminally responsible
responsible under
under the
the law
law “for
"for the
the actions
actions of
ofhis
his co-conspirator,
co-conspirator, provided
provided

that
that the
the actions
actions are
are accomplished
accomplished in
in furtherance
furtherance of
of the
the common
common design.”
design." Commonwealth
Commonwealth v.v.

Baskerville,
Baskerville, 681
681 A.2d
A.2d 195, 201 (Pa.
195,201 (Pa. Super.
Super. 1996).
1996). Such
Such responsibility
responsibility “extends
"extends evento
even to aa

homicide
homicide which
which is
is aa contingency
contingency of
of the
the natural
natural and
and probable
probable execution
execution of
of the
the conspiracy,
conspiracy, even
even

though
though such
such homicide
homicide is
is not
not specifically
specifically contemplated
contemplated by
by the
the parties.”
parties." Commonwealth
Commonwealth v.v. Eiland,
Eiland,

301
301 A.2d
A.2d 651
651 (Pa.
(Pa. 1973).
1973).

Murder
Murder of
of the
the Third
Third Degree
Degree is
is statutorily
statutorily defined
defined as
as “all
"all other
other kinds
kinds of
ofmurder”
murder'' other
other

than
than Murder
Murder of
of the
the First
First Degree
Degree and
and Murder
Murder of
of the
the Second
Second Degree.
Degree. 18 Pa.C.S.A.
18 Pa.C.S.A. §§ 2502(c).
2502(c). In
In

effect,
effect, to
to convict
convict aa defendant
defendant of
of Murder
Murder of
of the
the Third
Third Degree,
Degree, the
the Commonwealth
Commonwealth must
must prove
prove

“the
"the killing
killing of
of an
an individual
individual with
with legal
legal malice.”
malice." Commonwealth
Commonwealth v.v. Jones,
Jones, 271
271 A.3d
A.3d 452, 458 (Pa.
452,458 (Pa.

Super.
Super. 2021).
2021). Malice
Malice is
is defined
defined as
as “exhibiting
"exhibiting an
an ‘extreme
'extreme indifference
indifference to
to life.’”
life.'" Commonwealth
Commonwealth

v.v. Ludwig,
Ludwig, 874
874 A.2d
A.2d 623,
623, 632
632 (Pa.
(Pa. 2005)
2005) (quoting
(quoting Commonwealth
Commonwealth v.v. Young,
Young, 43
4311 A.2d
A.2d 230,
230, 232
232

(Pa.
(Pa. 1981)).
1981)). Malice
Malice includes
includes “not
"not only
only particular
particular ill
ill will
will toward
toward the
the victim,
victim, but
but also
also wickedness
wickedness

of
of disposition,
disposition, hardness
hardness of
of heart,
heart, wantonness,
wantonness, and
and cruelty,
cruelty, recklessness
recklessness of
of consequences,
consequences, and
and

conscious
conscious disregard
disregard by
by the
the defendant
defendant of
of an
an unjustified
unjustified and
and extremely
extremely high
high risk
risk that
that his
his actions
actions

may
may cause
cause serious
serious bodily
bodily harm.”
harm." Id.
Id.

A
A person
person is
is guilty
guilty of
of Aggravated
Aggravated Assault
Assault if
if he
he “attempts
"attempts to
to cause
cause serious
serious bodily
bodily injury
injury to
to

another,
another, or
or causes
causes such
such injury
injury intentionally,
intentionally, knowingly
knowingly or
or recklessly
recklessly under
under circumstances
circumstances

manifesting
manifesting extreme
extreme indifference
indifference to
to the
the value
value of
of human
human life.”
life." 18
18 Pa.C.S.A.
Pa.C.S.A. §$ 2702(a).
2702(a). Serious
Serious

bodily
bodily injury
injury is
is defined
defined as
as “[b]odily
"[b]odily injury
injury which
which creates
creates aa substantial
substantial risk
risk of
of death
death or
or which
which

causes
causes serious,
serious, permanent
permanent disfigurement,
disfigurement, or
or protracted
protracted loss
loss or
or impairment
impairment of
of the
the function
function of
of any
any

23
23
bodily member or
bodily member or organ."
organ.” 18
18 Pa.C.S.A.
Pa.C.S.A. §§ 2301.
2301. There
There is
is "no
“no distinction between the
distinction between the malice
malice

essential to
essential to aa third
third degree
degree murder
murder and
and that
that necessary"
necessary” to
to commit
commit Aggravated
Aggravated Assault.
Assault.

Commonwealth v.
Commonwealth v. Kling,
Kling, 731 A.2d 145,
731 A.2d 145, 147
147 (Pa.
(Pa. Super.
Super. 1999).
1999).

The Commonwealth
The Commonwealth presented
presented ample
ample evidence sufficient to
evidence sufficient to convict
convict Appellant
Appellant of
of Murder
Murder

of the
of the Third
Third Degree,
Degree, Conspiracy to Commit
Conspiracy to Commit Murder, and Aggravated
Murder, and Aggravated Assault.
Assault. The
The record
record

established that
established that R.B.
RB. was shot and
was shot and killed at aa gas
killed at gas station at 2435
station at 2435 West Passyunk Avenue
West Passyunk around
Avenue around

8:00 p.m.
8:00 p.m. on
on October
October 4,
4, 2018.
2018. An
An autopsy
autopsy conducted
conducted on
on RB.
R.B. revealed that he
revealed that he died
died from
from aa

gunshot wound
gunshot to his
wound to his torso
torso and that the
and that the manner
manner of
of his
his death
death was
was homicide.
homicide. K.B.
K.B. and
and Q.B.
Q.B. were
were

also struck
also by gunfire
struck by gunfire during
during this
this shooting.
shooting. K.B.
K.B. initially
initially ran
ran from
from the
the gas
gas station
station to
to the
the nearby
nearby

Philadelphia Police
Philadelphia Police First District to
First District to report
report that
that he
he had
had been shot and
been shot and was
was subsequently
subsequently treated
treated at
at

aa hospital
hospital for
for aa gunshot
gunshot wound.
wound. Q.B.
Q.B. testified
testified that
that he
he was
was at
at the gas station
the gas station during
during the
the shooting
shooting

and showed
and showed aa graze
graze wound
wound he
he may have sustained
may have sustained during
during the
the shooting.
shooting. N.T.
N.T. 6/12/2023,
6/12/2023, at
at 81-86;
81-86;

N.T. 6/13/2023,
N.T. 6/13/2023, at
at 18-27;
18-27; N.T. 6/15/2023, at
N.T. 6/15/2023, at 5-17,
5-17, 50-57.
50-57.

Video footage
Video footage recovered
recovered from
from the
the shooting
shooting showed
showed one
one individual
individual exiting
exiting aa vehicle
vehicle that
that

pulled up
pulled up to
to the
the gas
gas station
station and firing gunshots
and firing gunshots while
while running
running and another individual
and another individual firing
firing

gunshots from
gunshots from within the vehicle.
within the vehicle. Police
Police were able to
were able connect this
to connect this shooting
shooting to
to aa series
series of
of ongoing
ongoing

shootings between
shootings between rival gangs in
rival gangs in South
South Philadelphia,
Philadelphia, the
the 27th
27th Street
Street gang
gang and
and the
the 31st
31st Street
Street

gang. In
gang. In December
December 2018,
2018, Dean
Dean Fosque
Fosque told
told police
police that
that his
his cousin
cousin Yameen,
Yameen, who
who went
went by
by the
the

nickname "Su-Su,
nickname “Su-Su”, was
was involved
involved in
in the
the murder
murder at
at the
the gas
gas station
station on
on Passyunk
Passyunk Avenue
Avenue aa few
few

months prior.
months prior. Fosque
Fosque positively
positively identified
identified aa photograph
photograph of
of Y
Yameen Mofield for
ameen Mofield for police.
police. N.
N.T.
T.

6/12/2023, at
6/12/2023, at 90-113,
90-113, 134-149;
134-149; N.T.
N.T. 6/13/2023,
6/13/2023, at
at 7-12;
7-12; 50-88
50-88

Investigators working
Investigators on R.B.'s
working on R.B.’s homicide
homicide later
later came
came into
into contact
contact with
with Nyseem
Nyseem Smith,
Smith,

who
who was part of
was part of the 31 st Street
the 31st gang. Smith
Street gang. explained how
Smith explained how he and his
he and his friends
friends from 31 st Street
from 31st Street

24
24
would
would drive
drive stolen vehicles through
stolen vehicles 27th Street
through 27th Street territory and use
territory and use shared
shared firearms
firearms to
to shoot
shoot at
at

anyone
anyone they knew to
they knew to be
be associated
associated with
with 27th
27th Street.
Street. Smith,
Smith, who
who had been arrested
had been arrested for
for his
his

participation in 3
participation in 1st Street
31st Street related
related shootings,
shootings, ultimately agreed to
ultimately agreed to cooperate
cooperate with
with investigators in
investigators in

exchange
exchange for
for aa favorable
favorable prison
prison sentence.
sentence. Smith
Smith gave
gave aa series
series of
of statements
statements about
about shootings
shootings in
in

which
which the
the 31st
31st Street
Street gang
gang was
was involved,
involved, including
including the
the homicide
homicide of
of R.B.
R.B. N.T.
N.T. 6/13/2023,
6/13/2023, at 142-
at 142-

174
174 ;; N.T.
N.T. 6/14/2023,
6/14/2023, at
at 6-128;
6-128; N.T.
N.T. 6/15/2023,
6/15/2023, at
at 75-82.
75-82.

Smith
Smith stated
stated that
that he
he was
was at
at his
his cousin’s
cousin's house
house when
when the
the gas
gas station
station shooting occurred but
shooting occurred but

that
that Appellant,
Appellant, Yameen
Yameen Mofield,
Mofield, Khalid
Khalid Harrison,
Harrison, and
and Markell Davis came
Markell Davis came to
to the
the house
house after
after the
the

shooting.
shooting. Appellant,
Appellant, Mofield,
Mofield, and
and Harrison
Harrison told
told Smith
Smith and others present
and others present that
that somebody
somebody had
had

been
been shot
shot and
and killed
killed at
at the
the gas
gas station.
station. Mofield
Mofield told
told those
those present
present that
that he
he and
and the
the others
others were
were

riding
riding through
through Wilson
Wilson Park
Park and
and that
that they
they started
started shooting
shooting when
when they
they saw
saw some
some people
people from
from

Wilson,
Wilson, and
and that
that he
he had
had chased
chased and
and shot
shot one
one of
of the
the people
people there.
there. In
In his
his statement,
statement, Smith
Smith said
said that
that

Harrison
Harrison had
had aa PPX9
PPX9 handgun,
handgun, Mofield
Mofield had
had aa .9
.9 Taurus
Taurus pistol,
pistol, and
and Appellant
Appellant had
had aa .38
.38 revolver.
revolver.

Smith
Smith also
also identified
identified Mofield
Mofield as
as the
the individual
individual seen
seen in
in video
video footage
footage of
of the
the shooting
shooting exiting
exiting the
the

vehicle
vehicle and
and running
running after
after someone.
someone. N.T.
N.T. 6/14/2023,
6/14/2023, at
at 39-64.
39-64.

Smith
Smith testified
testified that
that Appellant
Appellant was
was part
part of
of the
the 31 st Street
31st Street gang.
gang. Philadelphia
Philadelphia Officer
Officer

Christopher
Christopher Lai,
Lai, who
who was
was familiar
familiar with
with the
the conflict
conflict between
between 27th
27th Street
Street and
and 31 st Street,
31st Street, also
also

recognized
recognized Appellant
Appellant as
as someone
someone associated
associated with
with 31st
31st Street.
Street. Officer
Officer Lai
Lai noted
noted that
that an
an Instagram
Instagram

account
account belonging
belonging to
to Appellant
Appellant had
had aa username
usemame which
which referenced
referenced 31st Street.
31st Street. On
On October
October 21,
21,

2017,
2017, Appellant
Appellant was
was arrested
arrested in
in possession
possession of
of aa gun
gun which
which had
had been
been used
used by
by aa 31 st Street
31st Street gang
gang

members
members three
three (3)
(3) days
days earlier.
earlier. On
On April
April 20,
20, 2020,
2020, Appellant
Appellant was
was shot
shot while
while in
in aa stolen
stolen

Volkswagen
Volkswagen with
with three
three (3)
(3) other
other 31st Street
31st Street gang
gang members.
members. Three
Three (3)
(3) firearms
firearms were
were recovered
recovered

from
from the
the scene
scene of
of this
this shooting,
shooting, including
including one
one which
which was
was found
found close
close to
to where
where Appellant
Appellant exited
exited

25
25

.%
the Volkswagen
the Volkswagen after
after being shot. Cell
being shot. phone records
Cell phone records for
for devices belonging to
devices belonging Appellant,
to Appellant,

Mofield, and
Mofield, and Harrison
Harrison showed
showed communications
communications between the three
between the three (3)
(3) of
of them.
them. N.T.
N.T. 6/13/2023,
6/13/2023, at
at

69-81, 103-116;
69-81, 103-116; N.T.
N.T. 6/14/2023,
6/14/2023, at
at 6-23;
6-23; N.T.
N.T. 6/15/2023,
6/15/2023, at
at 102-110; N.T. 6/16/2023,
102-110;N.T. 6/16/2023, at
at 78-88.
78-88.

A recorded
A recorded prison
prison call
call made
made by
by Harrison indicated that
Harrison indicated that Appellant and Mofield,
Appellant and Mofield, who
who

Harrison called
Harrison called his
his "young
“young killers,"
killers,” were with him
were with on the
him on the day
day the
the shooting occurred.
shooting occurred.

Additionally, call
Additionally, call detail
detail records for the
records for the devices
devices belonging to Appellant,
belonging to Appellant, Mofield,
Mofield, and
and Harrison
Harrison

showed no
showed no call
call activities
activities at
at the time the
the time the shooting
shooting take place, but
take place, but numerous
numerous calls
calls both before and
both before and

after. Cell
after. Cell phone
phone location
location data
data was
was consistent
consistent with Harrison and
with Harrison and Mofield
Mofield being
being at
at the
the gas
gas station
station

at the
at the time
time of
of the
the shooting.
shooting. Appellant
Appellant was
was not
not excluded
excluded as
as aa contributor
contributor of
of DNA collected from
DNA collected from aa

book bag
book and hooded
bag and hooded sweatshirt found at
sweatshirt found at the
the scene of the
scene of the shooting. Sixteen (16)
shooting. Sixteen 9mm Luger
(16) 9mm Luger

fired cartridge
fired cartridge casings
casings and
and five
five (5)
(5) bullet
bullet specimens were recovered
specimens were recovered from
from the
the scene of the
scene of the

shooting.
shooting. An
An intact
intact bullet and aa bullet
bullet and jacket were
bullet jacket were determined
determined to
to be
be from the .38
from the .38 or
or 9mm
9mm family
family

of caliber.
of N.T. 6/15/2023,
caliber. N.T. 6/15/2023, at
at 38-50,
38-50, 67-72,
67-72, 90-102;
90-102; N.T.
N.T. 6/16/2023,
6/16/2023, at
at 89-127.
89-127.

The evidence,
The evidence, viewed
viewed in the light
in the light most
most favorable
favorable to
to the
the Commonwealth
Commonwealth as
as verdict
verdict

winner,
winner, established
established that Appellant was
that Appellant was aa known
known member of the
member of 31st Street
the 31st Street gang,
gang, along
along with
with

Yameen Mofield
Yameen Mofield and
and Khalid
Khalid Harrison.
Harrison. Additionally,
Additionally, Nyseem
Nyseem Smith’s testimony, along
Smith's testimony, along with
with

evidence presented
evidence presented regarding
regarding Appellant’s 2017 arrest
Appellant's 2017 arrest and
and the
the 2020
2020 incident
incident in
in which
which he was shot
he was shot

while in
while in aa stolen
stolen vehicle,
vehicle, established
established that
that Appellant
Appellant was
was aa participant
participant in
in the ongoing conflict
the ongoing conflict

between 31 st Street
between 31st and 27th
Street and 27th Street.
Street. As
As part
part of
of this
this conflict, members of
conflict, members of the
the 31 st Street
31st Street gang
gang

would drive
would drive through
through 27th
27th Street
Street territory
territory looking
looking to
to shoot anyone associated
shoot anyone associated with
with 27th
27th Street,
Street,

which included
which included individuals
individuals from
from Wilson
Wilson Park. Smith’s statement
Park. Smith's statement regarding
regarding the
the homicide
homicide ofR.B.
of R.B.

established that
established that R.B.,
R.B., K.B.,
K.B., and
and Q.B.
Q.B. were initially targeted
were initially targeted because
because the
the shooters
shooters recognized
recognized that
that

they were
they were associated
associated with Wilson Park.
with Wilson Park.

26
26
The shooters
The who targeted
shooters who targeted and
and struck
struck R.B., K.B., and
R.B., K.B., and Q.B.
Q.B. --
- all
all of
of whom
whom were
were minors
minors -
-

exhibited clear malice.
exhibited clear The shooters
malice. The drove up
shooters drove up to
to the
the gas
gas station
station where
where R.B.,
R.B., K.B.,
K.B., and Q.B. were
and Q.B. were

hanging out
hanging out and
and immediately
immediately began
began shooting
shooting at
at them,
them, having
having recognized their association
recognized their association with
with aa

rival gang. Based
rival gang. Based on
on the
the number
number of
of fired
fired cartridge
cartridge casings
casings recovered
recovered from
from the
the crime
crime scene, the
scene, the

shooters
shooters fired at least
fired at least sixteen (16) gunshots
sixteen (16) gunshots at
at the
the group
group of
of teenagers.
teenagers. One
One of
of the
the shooters
shooters even
even

exited the
exited the vehicle
vehicle and
and chased
chased one
one of
of the
the teenagers
teenagers while
while firing
firing gunshots
gunshots at
at him.
him. In
In committing
committing

the
the shooting, the shooters
shooting, the shooters exhibited
exhibited an
an extreme
extreme indifference
indifference to
to the value of
the value of human
human life
life and
and aa

conscious disregard
conscious disregard of
of the
the unjustified
unjustified and
and extremely
extremely high
high risk
risk of
of serious
serious bodily harm that
bodily harm that could
could

result from firing
result from firing aa high
high volume
volume of
of gunshots
gunshots at
at aa group
group of
of several
several teenagers. As aa result
teenagers. As result of
of those
those

actions, R.B.,
actions, R.B., K.B.,
K.B., and
and Q.B.
Q.B. were
were all
all struck
struck by
by gunfire.
gunfire. R.B.
R.B. died
died from
from his
his gunshot
gunshot wound,
wound,

while K.B.
while K.B. and
and Q.B.
Q.B. were
were injured by gunfire
injured by and placed
gunfire and in danger
placed in danger of
of serious bodily injury.
serious bodily injury.

Smith identified
Smith identified Appellant
Appellant as
as one
one of
of the
the shooters,
shooters, along
along with Mofield and
with Mofield Harrison, and
and Harrison, and

stated that
stated that Appellant
Appellant was carrying aa .38
was carrying .38 revolver on the
revolver on the night
night of
of the
the homicide.
homicide. Evidence placed
Evidence placed

Appellant and
Appellant and Harrison
Harrison together on the
together on the day
day of
of the homicide and
the homicide and Harrison
Harrison and
and Mofield
Mofield at
at the
the gas
gas

station at
station at the
the time
time of
of the
the homicide.
homicide. Cell
Cell phone
phone records
records showed that phones
showed that phones belonging
belonging to
to

Appellant, Mofield,
Appellant, Mofield, and
and Harrison
Harrison were
were all
all inactive
inactive around
around the
the time
time the
the homicide
homicide occurred,
occurred,

despite being
despite active both
being active both before and after.
before and after. Appellant
Appellant was
was not
not excluded
excluded as
as aa contributor
contributor of
of DNA
DNA

found on
found on items
items recovered by police
recovered by police following
following the
the homicide.
homicide. The
The record also reflects
record also that at
reflects that at least
least

two (2)
two pieces of
(2) pieces of ballistic evidence were
ballistic evidence were determined to possibly
determined to possibly originate
originate from
from aa .38
.38 caliber
caliber

firearm, the
firearm, the exact type of
exact type of firearm
firearm that Appellant was
that Appellant carrying according
was carrying according to
to Smith.
Smith. Even though
Even though

only two
only (2) individuals
two (2) individuals were identified as
were identified as shooters
shooters in
in the
the video
video footage,
footage, there
there was
was sufficient
sufficient

circumstantial evidence
circumstantial evidence to
to conclude
conclude that
that in
in the
the light
light most
most favorable
favorable to
to the
the Commonwealth
Commonwealth as
as the
the

verdict winner,
verdict winner, there
there was
was aa third
third shooter
shooter not
not captured
captured by
by the video footage.
the video footage.

27
27
There
There was
was therefore
therefore sufficient
sufficient evidence
evidence for
for aajury
jury to
to conclude
conclude that
that to
to find
find that
that Appellant
Appellant

was
was one
one of
ofthe
the three
three (3)
(3) shooters
shooters who
who maliciously
maliciously shot
shot at
at aa group
group of
ofteenagers
teenagers standing
standing at
at aa gas
gas

station,
station, killing
killing R.B.,
R.B., and
and was
was therefore
therefore guilty
guilty of
of Murder
Murder of
ofthe
the Third
Third Degree.
Degree. Moreover,
Moreover, by
by

acting
acting with
with malice,
malice, Appellant
Appellant also
also exhibited
exhibited the
the same
same mens
mens rea
rea required
required to
to sustain
sustain his
his two
two (2)
(2)

convictions
convictions for
for Aggravated
Aggravated Assault.
Assault. Appellant’s
Appellant's actions
actions in
in maliciously
maliciously firing
firing at
at aa group
group of
of

teenagers
teenagers at
at aa gas
gas station
station constituted,
constituted, at
at aa minimum,
minimum, an
an attempt
attempt to
to cause
cause serious
serious bodily
bodily injury
injury to
to

both
both K.B.
K.B. and
and Q.B.
Q.B.

Additionally,
Additionally, there
there was
was sufficient
sufficient evidence
evidence to
to conclude
conclude that
that Appellant,
Appellant, Mofield,
Mofield, and
and

Harrison
Harrison targeted
targeted R.B.,
R.B., K.B.,
K.B., and
and Q.B.
Q.B. because
because of
of an
an ongoing
ongoing shooting
shooting conflict
conflict between
between the
the 31st
31st

Street
Street and
and 27th
27th Street
Street gangs.
gangs. By
By committing
committing the
the shooting,
shooting, Appellant,
Appellant, Mofield,
Mofield, and
and Harrison
Harrison all
all

committed
committed overt
overt acts
acts in
in furtherance
furtherance of
of their
their shared
shared goal
goal to
to bring
bring harm
harm to
to those
those associated
associated with
with

27th
27th Street.
Street. There
There was
was thus
thus sufficient
sufficient evidence
evidence to
to find
find Appellant
Appellant guilty
guilty of
of both
both Conspiracy
Conspiracy to
to

Commit
Commit Murder
Murder of
of the
the Third
Third Degree
Degree and
and Conspiracy
Conspiracy to
to Commit
Commit Murder.
Murder. Accordingly,
Accordingly, even
even

accepting
accepting Appellant’s
Appellant's argument
argument that
that there
there were
were only
only two
two (2)
(2) shooters
shooters and
and that
that Appellant
Appellant was
was not
not

one
one of
of them,
them, there
there would
would still
still be
be sufficient
sufficient evidence
evidence to
to find
find Appellant
Appellant guilty
guilty of
of Murder
Murder of
of the
the

Third
Third Degree
Degree under
under aa theory
theory of
of conspiratorial
conspiratorial liability.
liability. R.B.’s
R.B.'s death
death was
was aa natural
natural and
and probable
probable

result
result of
of aa conspiracy
conspiracy designed
designed to
to fire
fire gunshots
gunshots at
at anyone
anyone associated
associated with
with 27th
27th Street.
Street.

The
The term
term “firearm”
"firearm" is
is defined
defined in
in 18
18 Pa.C.S.A.
Pa.C.S.A. §§ 6102
6102 as
as “[a]ny
"[a]ny pistol
pistol or
or revolver
revolver with
with aa

barrel
barrel less
less than
than 1
155 inches
inches ...
... or
or any
any pistol,
pistol, revolver,
revolver, rifle
rifle or
or shotgun
shotgun with
with an
an overall
overall length
length of
of

less
less than
than 26
26 inches.”
inches." It
It is
is well
well settled
settled that
that the
the testimony
testimony of
of aa witness
witness that
that the
the defendant
defendant

possessed
possessed aa firearm
firearm is
is sufficient
sufficient to
to establish
establish aa violation
violation of
of the
the Uniform
Uniform Firearms
Firearms Act,
Act, even
even if
if aa

weapon
weapon is
is never
never actually
actually recovered.
recovered. See,
See, e.g.,
e.g., Commonwealth
Commonwealth v.
v. Robinson,
Robinson, 817
817 A.2d
A.2d 1153,
1153,

1161-62
1161-62 (Pa.
(Pa. Super.
Super. 2003).
2003).

28
28
A person
A person violates
violates 18 Pa.C.S.A. $§ 6106
18 Pa.C.S.A. of the
6106 of the Uniform
Uniform Firearms
Firearms Act
Act ifhe
if he "carries
“carries aa

firearm concealed
firearm concealed on
on or
or about
about his
his person .. . without
person ... without aa valid
valid and
and lawfully
lawfully issued
issued license."
license.” A
A

person violates
person violates 1
188 Pa.C.S.A.
Pa.C.S.A. $§ 6108
6108 of
of the
the Uniform Firearms Act
Uniform Firearms Act if
if he
he carries
carries aa "firearm,
“firearm, rifle
rifle or
or

shotgun at
shotgun at any
any time upon the
time upon the public
public streets
streets or
or upon
upon any
any public
public property"
property” in
in Philadelphia,
Philadelphia, unless
unless

he is
he is licensed
licensed to
to do
do so or exempt
so or exempt from licensing. Both
from licensing. Both statutes
statutes thus
thus require
require an
an element
element of
of

possession, which
possession, which "can
“can be
be found
found by
by proving
proving actual
actual possession,
possession, constructive
constructive possession,
possession, or
or joint
joint

constructive possession.” Commonwealth
constructive possession." Commonwealth v.
v. Heidler,
Heidler, 741
741 A.2d
A.2d 213, 215 (Pa.
213, 215 (Pa. Super.
Super. 1999). A
1999). A

person is
person is guilty
guilty of
of Possessing
Possessing Instruments
Instruments of
of Crime
Crime if “he possesses
if "he possesses any
any instrument
instrument of
of crime
crime

with intent
with intent to
to employ
employ it
it criminally."
criminally.” 18 Pa.C.S.A. $§ 907(a).
18 Pa.C.S.A. 907(a). A
A gun
gun is
is clearly
clearly defined as an
defined as an

instrument of
instrument crime as
ofcrime as contemplated by 18
contemplated by 18 Pa.C.S.A.
Pa.C.S.A. $§ 907(a).
907(a). See
See Commonwealth
Commonwealth v.
v. Monroe,
Monroe,

422 A.2d
422 A.2d 193, 195 (Pa.
193, 195 (Pa. Super.
Super. 1980).
1980).

The record
The reflects that
record reflects that an
an analysis
analysis of ballistic evidence
of ballistic evidence revealed that at
revealed that at least
least two
two 9mm
9mm

(2) firearms
(2) firearms were used in
were used in the
the shooting
shooting of
of R.B.,
R.B., K.B., and Q.B.
K.B., and Q.B. at
at the
the gas
gas station
station on 2435 West
on 2435 West

Passyunk Avenue
Passyunk on October
Avenue on October 4,
4, 2018.
2018. This
This analysis
analysis also
also showed
showed that
that an
an intact
intact bullet
bullet and
and aa bullet
bullet

jacket recovered
jacket from the
recovered from the scene
scene were
were also
also from
from either
either .38 or 9mm
.38 or 9mm family of caliber,
family of caliber, indicating
indicating aa

.38 revolver
.38 could have
revolver could have been
been used
used in the shooting.
in the shooting. Nyseem
Nyseem Smith,
Smith, who knew Appellant
who knew Appellant as
as aa

fellow member
fellow member of
of the
the 31st
31st Street
Street gang,
gang, gave
gave aa statement
statement to
to police
police in
in which
which he
he identified
identified

Appellant as
Appellant as one
one of
of the
the gas
gas station
station shooters and specified
shooters and specified that
that Appellant carried aa .38
Appellant carr

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11142997. Public record. Not legal advice.