Opinion

Com. v. Proctor, A.

Court
Superior Court of Pennsylvania
Filed
Sep 8, 2020
Status
Unpublished
Cited by
0 cases
Authority
More cited than 12.6%

The opinion

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF

: PENNSYLVANIA

:

v. :

:

:

ABDULLAH MAURICE PROCTOR :

:

Appellant : No. 2446 EDA 2019

Appeal from the Judgment of Sentence Entered April 4, 2019

In the Court of Common Pleas of Philadelphia County Criminal Division at

No(s): CP-51-CR-0009909-2016

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF

: PENNSYLVANIA

:

v. :

:

:

ABDULLAH MAURICE PROCTOR :

:

Appellant : No. 2466 EDA 2019

Appeal from the Judgment of Sentence Entered April 4, 2019

In the Court of Common Pleas of Philadelphia County Criminal Division at

No(s): CP-51-CR-0008511-2017

BEFORE: LAZARUS, J., OLSON, J., and PELLEGRINI, J.*

MEMORANDUM BY OLSON, J.: FILED SEPTEMBER 8, 2020

Appellant, Abdullah Maurice Proctor, appeals from the judgment of

sentence entered on April 4, 2019, as made final by the denial of Appellant’s

post-sentence motion on July 23, 2019. We affirm.

____________________________________________

* Retired Senior Judge assigned to the Superior Court.

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The trial court ably summarized the underlying facts of this case.

On the morning of July 30, 2016, on the 3100 Block of North

Sheridan Street, [Appellant] approached the victim, Donte

Williams, wearing a black T-shirt over his face. Williams was

sitting on a milk crate in view of a surveillance camera from

a nearby grocery store located at 625 West Clearfield Street.

As [Appellant] approached, [Appellant] pulled out a 9-mm

Kel-Tec handgun and began shooting at Williams. Williams

started to run and [Appellant] followed him, continuing to

shoot. The victim ultimately ran into an alleyway, where

[Appellant] continued to shoot. [Appellant] then ran down

Sheridan Street toward Clearfield Street. Williams was

transported to Temple Hospital, where he died later that

morning. Williams suffered four gunshot wounds. One

wound was to the left eye, one to the abdomen, one to the

right knee, and one to the left hand. The medical examiner

determined that the victim's cause of death was multiple

gunshot wounds and the manner was homicide.

Officers arrived to process the scene around 12:17 p.m.

Officers recovered from the scene lead and copper fragments,

fired cartridge casings, a 9-mm live round, and a projectile.

At around 2:30 p.m. that same day, Tasha Bukton was

walking down Clearfield Street and saw [Appellant], who was

known to Bukton as "Dulla," with an individual known to her

as "Lil Book." Bukton grew up in the same neighborhood as

[Appellant] and knew him for most of his life. Bukton

observed Lil Book pass a gun to [Appellant] and heard Lil

Book tell [Appellant] to “clean it off” and get rid of it. Bukton

then saw [Appellant] take out the clip and wipe it off with his

shirt.

Less than three hours later, at approximately 5:20 p.m.,

Officer Michael James was on routine patrol with his partner

on the 3100 block of North Darien Street when he observed

[Appellant] walking with another male, later identified as

Shakur Brown. Officer James got out of his patrol car and

attempted to follow [Appellant] and Brown on foot. As Officer

James approached the two men, [Appellant] and the other

male walked behind a blue Ford Expedition parked on the

east side of 3100 Darien Street. Officer James observed

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Brown throw a firearm over a fence and [Appellant] place

another firearm inside the Expedition's wheel well. Officer

James arrested [Appellant] after police radio reported that

[Appellant] did not have a valid license to carry a firearm.

The firearm thrown over the fence was determined to be a

9-mm Kel-Tec handgun, later matched to the projectiles

taken from the victim's body as well as the fired cartridge

cases recovered at the scene on Sheridan Street.

At the time of his arrest, [Appellant] was wearing a black

short-sleeved T-shirt with the words "bullet world" written on

the top, a blue denim long-sleeved shirt, a green jacket, and

a white sleeveless T-shirt. These items were brought to the

chemical lab, where the black T-shirt and the white sleeveless

T-shirt were tested for presence of gunshot residue. Gunshot

residue was found on [Appellant’s] black short-sleeved

T-shirt.

Sometime after the incident, detectives met with Bukton and

showed her the surveillance footage from the camera at 625

West Clearfield Street. At that time, she identified

[Appellant] as the person in the video shooting at the

decedent.

While [Appellant] was incarcerated following his arrest, he

told his cellmate, Larry Maddox, that he had shot an

individual using a 9-mm Kel-Tec handgun on Sheridan Street.

According to Maddox, [Appellant] said that the person he had

shot had previously shot [Appellant], causing [Appellant] to

walk with a limp. [Appellant] described the shooting in detail,

telling Maddox that he had seen the individual who had shot

him on Sheridan Street, walked up to him and began

shooting. [Appellant] also told Maddox that when the victim

began to run he followed him continuing to shoot, eventually

ending up in an alleyway. [Appellant] told Maddox that he

had "smoked" the victim.

...

On April 4, 2019, following a jury trial . . . [Appellant] was

convicted at docket number CP-51-CR-0008511-2017

[(hereinafter “Docket 8511-2017”)] of one count of murder

of the first degree, one count of carrying a firearm without a

license, and one count of possessing an instrument of a

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crime,1 and at docket number CP-51-CR-0009909-2016

[(hereinafter “Docket 9909-2016”)], of a second count of

carrying a firearm without a license.2 The [trial] court

immediately imposed the mandatory sentence of life in prison

for the first-degree murder charge. The [trial] court also

imposed concurrent sentences [for the remaining charges].

. . . [Appellant] filed [a post-sentence motion at Docket

8511-2017 (but not at Docket 9909-2016), where he

challenged the weight of the evidence supporting his

convictions at Docket 8511-2017. The trial court denied

Appellant’s post-sentence motion and Appellant filed a timely

notice of appeal.]

Trial Court Opinion, 11/25/19, at 2-4 (citations and some capitalization

omitted).

Appellant raises one claim on appeal:

Is [Appellant] entitled to an arrest of judgment and/or new

trial in the above-captioned matter on the ground that the

jury’s verdict was against the weight of the evidence in light

of: (1) the inability of witness Tasha Bukton, aka Tahjai

Wara, to see the shooter’s face in the video of the incident,

(2) the fact that [the] shooter was not limping in the video,

(3) Ms. Bukton lying under oath on multiple occasions

regarding her name, (4) the obvious motive of witness Larry

Maddox to lie to curry favor with the Commonwealth, and (5)

the failure of police to exclude Shakour Brown as a suspect

after he was caught with the murder weapon?

Appellant’s Brief at 3.

As our Supreme Court explained:

A motion for a new trial based on a claim that the verdict is

against the weight of the evidence is addressed to the

discretion of the trial court. A new trial should not be granted

____________________________________________

1 18 Pa.C.S.A. § 2502, 6106(a)(1), and 907(a), respectively.

2 18 Pa.C.S.A. § 6106(a)(1).

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because of a mere conflict in the testimony or because the

judge on the same facts would have arrived at a different

conclusion. Rather, the role of the trial judge is to determine

that notwithstanding all the facts, certain facts are so clearly

of greater weight that to ignore them or to give them equal

weight with all the facts is to deny justice. It has often been

stated that a new trial should be awarded when the

[factfinder’s] verdict is so contrary to the evidence as to

shock one's sense of justice and the award of a new trial is

imperative so that right may be given another opportunity to

prevail.

Commonwealth v. Clay, 64 A.3d 1049, 1054-1055 (Pa. 2013) (quotations

and citations omitted).

“An appellate court's standard of review when presented with a weight

of the evidence claim is distinct from the standard of review applied by the

trial court.” Id. at 1055. Our Supreme Court summarized:

Appellate review of a weight claim is a review of the exercise

of discretion, not of the underlying question of whether the

verdict is against the weight of the evidence. Because the

trial judge has had the opportunity to hear and see the

evidence presented, an appellate court will give the gravest

consideration to the findings and reasons advanced by the

trial judge when reviewing a trial court's determination that

the verdict is against the weight of the evidence. One of the

least assailable reasons for granting or denying a new trial is

the lower court's conviction that the verdict was or was not

against the weight of the evidence and that a new trial should

be granted in the interest of justice.

This does not mean that the exercise of discretion by the trial

court in granting or denying a motion for a new trial based

on a challenge to the weight of the evidence is unfettered. In

describing the limits of a trial court's discretion, [the

Pennsylvania Supreme Court has] explained:

The term discretion imports the exercise of judgment,

wisdom and skill so as to reach a dispassionate conclusion

within the framework of the law, and is not exercised for

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the purpose of giving effect to the will of the judge.

Discretion must be exercised on the foundation of reason,

as opposed to prejudice, personal motivations, caprice or

arbitrary actions. Discretion is abused where the course

pursued represents not merely an error of judgment, but

where the judgment is manifestly unreasonable or where

the law is not applied or where the record shows that the

action is a result of partiality, prejudice, bias or ill-will.

Id. (quotations, citations, and emphasis omitted).

According to Appellant, the jury’s verdict was against the weight of the

evidence because: 1) the shooter’s face was not visible in the surveillance

video; 2) witness Tasha Bukton’s identification of Appellant in the surveillance

video was not credible because she lied about her name; 3) Tasha Bukton’s

identification of Appellant in the surveillance video was not credible because

the shooter was not limping and the shooter’s height, weight, and attire “was

ubiquitous to young men in the area;” 4) witness Larry Maddox had a motive

to lie; and, 5) the “police failed to submit the clothes of Shakour Brown for

gunshot residue despite the fact that Brown was arrested in possession of the

murder weapon and had the same height, complexion, and build of

[Appellant].” Appellant’s Brief at 11-12. These claims fail.

As the trial court thoroughly explained:

At trial, the Commonwealth offered compelling evidence of

[Appellant’s] guilt. The shooting was captured by

surveillance video from a nearby grocery store. Although

[Appellant’s] face in the video was largely obscured by a

T-shirt that he had pulled over his head, witness Tasha

Bukton, who had known [Appellant] for most of his life,

recognized the shooter in the video as being [Appellant].

Bukton had seen [Appellant] earlier that day in distinctive

clothing and was able to identify him in the video from that

clothing, from his body structure, and from [Appellant’s]

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distinctive limp. Analysis of the video showed that in some of

the frames, the shooter's lower face could be seen, revealing

facial hair that matched the facial hair of [Appellant] at the

time. Laboratory analysis uncovered gunshot residue on the

T-shirt [that Appellant] was wearing when he was arrested

on the day of the murder. Just before his arrest, a police

officer observed [Appellant] walking next to, and talking with,

a man who threw a firearm over a fence when the officer

approached. Ballistics analysis proved that the gun thrown

over the fence was the murder weapon. Following his arrest,

[Appellant] [admitted] the killing to his cellmate, giving

highly accurate details of the shooting. All of this was ample

evidence to establish [Appellant’s] guilt beyond a reasonable

doubt, and did not, in any manner, shock the [trial] court's

sense of justice.

[Appellant] offers five specific arguments in support of his

weight of the evidence claim. First, [Appellant] claims that

his conviction was against the weight of the evidence because

of "the inability of witness Tasha Bukton to see the shooter's

face in the video of the incident." Although throughout the

surveillance footage the shooter was wearing a T-shirt over

his face, Tasha Bukton testified she was able to identify the

[Appellant] for multiple reasons. First, Bukton stated that

she had grown up with [Appellant] and was familiar with his

body structure and the way he looked. Second, Bukton told

detectives that she had seen [Appellant] on the day of the

shooting when she observed him having a conversation on

the street with "Lil Book," and from that encounter she was

able to recognize [Appellant’s] clothing in the surveillance

video. Third, Bukton testified that she was familiar with the

limp [that Appellant] suffered, and that the shooter in the

video had the same limp. Bukton testified confidently that

[Appellant] was the shooter.

In addition, Detective Thorsten Lucke, testifying as an expert

in video recovery and analysis, stated that in the video at

certain points, it is possible to see the lower parts of

[Appellant’s] face. According to Detective Lucke, these

points in the video revealed facial hair on the shooter

consistent with [Appellant’s] facial hair. This lent additional

support to Bukton's claim that she could recognize the

shooter in the video.

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Accordingly, even though the shooter's face was covered for

most of the video, Bukton's identification testimony was

compelling evidence.

[Appellant] next claims that the verdict was against the

weight of the evidence since the video used at trial does not

show the shooter limping. [Appellant] apparently contends

that the shooter's absence of a visible limp in the video

undermines Bukton's identification. However, Bukton's

observations regarding the video were corroborated by

Detective Lucke, who testified that from his analysis of the

video, "it appears [the shooter is] either favoring his left foot

a little bit maybe or, again, he's taking an awkward step."

In addition, Bukton's identification was not based solely on

the limp that she observed in the video. As described above,

Bukton was specifically asked how she identified [Appellant]

as the shooter and whether there was anything other than

the limp that informed her identification. Bukton testified

that she had grown up with [Appellant] and had seen him on

the day of the shooting wearing the same clothing. She also

recognized his body structure. She went on to say that "when

you know a person, you see a person, you know how they

look." The jurors, who viewed the video, were free to reject

defense counsel's interpretations of the video and to credit

the testimony of Bukton and Detective Lucke.

[Appellant] also claims that his conviction was against the

weight of the evidence in light of Bukton lying under oath on

multiple occasions regarding her name. It is true that Tasha

Bukton had used multiple names. When originally

interviewed by detectives, Bukton used the name Tahjai

Wara. When Bukton took the stand at the preliminary

hearing she gave her name as Tahjai Buxton, while at trial

Bukton gave the name "Tahjai Wara" when she was sworn in.

However, Bukton explained that while Tasha Bukton was her

legal name, she had used other names because of her

concerns about being a witness in a murder case. The jury

was free to accept this explanation and to conclude that her

use of multiple names had little bearing on her credibility.

[Appellant’s] next claim is that the verdict was against the

weight of the evidence since Commonwealth witness Larry

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Maddox, in an effort to curry favor with the Commonwealth,

had a motive to lie under oath. It is true that Maddox, who

testified about [Appellant’s] admissions, had entered into a

plea agreement on his own cases that required him to

cooperate with the Commonwealth. It is also true that

Maddox had a motive to help the Commonwealth in exchange

for assistance in his own cases.

However, the jury was made fully aware of the plea

agreement and Maddox's motive to help the Commonwealth.

The jury was free to credit his testimony notwithstanding the

evidence of his plea agreements.

Moreover, the specific details given by Maddox in the

statements that he attributed to [Appellant] were

substantially corroborated by other evidence and thereby

gave Maddox more credibility than a typical jailhouse

informant. According to Maddox, [Appellant] said that he had

used a 9-mm Kel-Tec handgun in the shooting, while the

ballistics evidence proved that the murder weapon was, in

fact, a 9-mm Kel-Tec. [Appellant] also told Maddox that he

had chased the decedent into an alleyway, which was

corroborated by witness Sloan Maura, who testified that from

inside his home, could see into an alleyway and observed the

shooter standing over the victim continuing to shoot. Maddox

also said that [Appellant] told him he had shot the victim on

Sheridan Street, which was corroborated by surveillance

footage showing the shooter on North Sheridan Street

approaching the victim. As a result, Maddox was an effective

witness.

[Appellant’s] final claim is that his conviction is against the

weight of the evidence in light of the failure of the police to

exclude Shakur Brown as a suspect after he was caught with

the murder weapon. It is true that Brown was observed by

an officer in possession of the murder weapon hours after the

shooting. However, at the time Brown was seen with the

weapon, he was walking "shoulder to shoulder," directly next

to [Appellant]. That Brown had the murder weapon in his

hand at the moment police approached, several hours after

the shooting, while walking right next to [Appellant], did not

undermine the compelling evidence, described above,

demonstrating that [Appellant] was the shooter.

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Accordingly, the evidence adduced at trial plainly established

that [Appellant] shot and killed Donte Williams.

Trial Court Opinion, 11/25/19, at 5-9 (citations and some capitalization

omitted).

We agree with the learned trial court's cogent and thorough analysis

and conclude that the trial court did not abuse its discretion when it denied

Appellant's weight of the evidence claim. Accordingly, Appellant's claim on

appeal fails.

Judgment of sentence affirmed. Jurisdiction relinquished.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 9/08/2020

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

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