Com. v. Beatty, D. ( 2015 )


Menu:
  • J-S48033-15
    NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
    COMMONWEALTH OF PENNSYLVANIA        IN THE SUPERIOR COURT OF
    PENNSYLVANIA
    Appellant
    v.
    DAVID C. BEATTY
    Appellee                    No. 197 WDA 2015
    Appeal from the Order Entered on January 14, 2015
    In the Court of Common Pleas of Beaver County
    Criminal Division at No.: CP-04-0001646-2014
    BEFORE: PANELLA, J., DONOHUE, J., and WECHT, J.
    MEMORANDUM BY WECHT, J.:                       FILED SEPTEMBER 22, 2015
    The Commonwealth appeals the January 14, 2015 order granting
    David Beatty’s pre-trial petition for writ of habeas corpus. We affirm.
    The trial court aptly summarized the tragic factual and procedural
    history of this case as follows:
    On July 4, 2014, a bedroom clothes dresser fell on [top of
    Beatty’s] two children, Ryeley, age three, and Brooklyn, age
    two, while they were in . . . their home in Aliquippa,
    Pennsylvania and caused their death. On October 6, 2014,
    [Beatty] was charged in a four count criminal information with
    two counts of involuntary manslaughter, 18 Pa.C.S. § 2504(a),
    and two counts of endangering the welfare of children, 18
    Pa.C.S. § 4304(a)(1). [Beatty’s] wife and the mother of the
    deceased children, Jennifer Beatty, also resided in the home, but
    was not present during the incident. She was charged with two
    counts of endangering the welfare of children[.]
    Trial Court Opinion (“T.C.O.”), 3/17/2015, at 1-2 (minor modifications for
    clarity).
    J-S48033-15
    On September 11, 2014, Beatty appeared for his preliminary hearing
    before Magisterial District Judge Andrew M. Hladio.        The trial court
    summarized the evidence presented by the Commonwealth at that hearing
    as follows:
    On July 4, 2014, Detective [Steven Roberts, of the Aliquippa
    Police Department] received a report of two unresponsive
    children at [Beatty’s] residence.    [When] he arrived at the
    residence, one child was laying on the front porch and the other
    child was laying on the front yard; both were being treated by
    firemen, police officers, [and] paramedics. The children were
    transported to the local Heritage Valley Hospital. Brooklyn was
    pronounced dead at Heritage Valley Hospital. Ryeley was flown
    to Children’s Hospital in Pittsburgh, where she later died.
    Shortly after his arrival at the residence, Detective Roberts
    asked [Beatty] how the children were injured. [Beatty] told him
    that he observed the children sitting on a dresser drawer and
    then [he] went to the bathroom to prepare a bath for them.
    While in the bathroom, he heard a crash, returned to the room
    within seconds, and found the dresser on top of the children.
    [Beatty] advised that he then moved the dresser, placed the
    children on the bed, called 911, and began preforming
    [Cardiopulmonary Resuscitation (“CPR”)] until first responders
    arrived.
    After the children were transported from the scene, Detective
    Roberts asked [Beatty] to once again describe how the children
    were injured and to show him where this incident occurred inside
    of his home. Once inside the home, Detective Roberts observed
    “a high amount of clutter” and described the house as “very
    filthy.” [Beatty] showed Detective Roberts the bedroom where
    the children were injured and the bathroom where he was at the
    time of the incident. [Beatty] also showed Detective Roberts the
    dresser drawer, and demonstrated that it was pulled out
    approximately three to four inches at the time he observed the
    children sitting upon it.
    Later that evening, Detective Roberts, along with Captain [Ryan
    Pudik from the Aliquippa Police Department,] spoke with
    [Beatty] at Children’s hospital. During this interview, [Beatty]
    stated that he had been using the bathroom when he heard a
    -2-
    J-S48033-15
    “bang,” he then called out to the children and received no
    response. [Beatty] estimated that he checked on the children
    within one or two minutes of hearing the noise. Upon further
    questioning, [Beatty] stated that, after hearing the “bang,” he
    many have remained in the bathroom for up to five minutes
    before he checked on the children. Due to the discrepancies in
    [Beatty’s] recitation of the events, Detective Roberts asked
    Detective [Timmie Patrick, a Beaver County Detective] to
    interview [Beatty] further.
    ****
    On July 4, 2014, Detective Patrick interviewed [Beatty] at
    Children’s Hospital, at Detective Roberts’ request. [Beatty] told
    Detective Patrick that he was in the bathroom for approximately
    five minutes when he heard a “bang” from the children’s room,
    and assumed they were jumping on the bed; he then responded
    within 30 seconds to one minute and discovered the dresser on
    [top of] the children. Upon further questioning, [Beatty] stated
    that, after he heard the “bang,” he called out to Ryeley, did not
    receive a response, and stayed in the bathroom for another ten
    to twelve minutes before checking on the children.
    Detective Patrick spoke with [Beatty] again on July 7, 2014.
    Detective     Patrick  advised    [Beatty]   that   there  were
    “discrepancies,” and [Beatty] then told him, “Yeah, I know.
    There’s [] a lot more time that I was in the bathroom.” During
    the interview, [Beatty] advised that after hearing the “bang,”
    calling out to Ryeley, and receiving no response, he remained in
    the bathroom for an additional 20 to 25 minutes. [Beatty]
    explained to Detective Patrick that he remained in the bathroom
    because he suffers from irritable bowel syndrome.
    ****
    Dr. [Todd Luckasevic, an expert in forensic pathology,]
    performed an autopsy on Brooklyn on July 5, 2014, and an
    autopsy on Ryeley on July 6, 2014. Dr. Luckasevic found that
    each child died as a result of asphyxiation due to compression of
    the chest. Dr. Luckasevic also found that the “manner of death”
    for each child was accidental; he went on to explain, “accidental
    is [an] unforeseen outcome. You get in your car this afternoon
    and you drive home, and you . . . get in an accident. That’s
    unforeseen. That these children were playing during the day[,]
    it was unforeseen that they would wind up dead that evening.”
    -3-
    J-S48033-15
    Dr. Luckasevic further testified as to the . . . children’s likelihood
    of survival had they received care within certain periods of time:
         Had the children received care within thirty seconds of the
    dresser falling on them, there was a good chance that they
    would survive with a full recovery, though they may have
    required assistance, such as an “external rub” or CPR.
         Had the children received care within ninety seconds after
    the dresser fell on them, or later, there was no chance of
    meaningful survival; the children could have been kept
    alive indefinitely on life support, but at ninety seconds they
    would have been clinically brain dead.
         Had the children received care within thirty to ninety
    seconds, there is a “gray zone” in which they may or may
    not have survived.      Dr. Luckasevic explained that for
    survival during this time period “[y]ou’re going to need to
    know how to do CPR. You’re going to need to know basic
    life support, and potentially it’s going need to be done by
    either an emergency nurse or physician at this point . . . .”
    
    Id. at 2-6
    (minor modifications for clarity; citations to preliminary hearing
    transcript omitted).
    At the conclusion of his preliminary hearing, the Magisterial District
    Judge held all of Beatty’s charges for trial. On November 12, 2014, Beatty
    filed a petition for writ of habeas corpus, averring that the Commonwealth
    failed to present a prima facie case as to the two counts of involuntary
    manslaughter.         On December 15, 2014, the trial court held a hearing on
    Beatty’s       petition.   The   Commonwealth       submitted   into   evidence   the
    September 11, 2014 preliminary hearing transcript, the children’s autopsy
    reports, and another report drafted by Dr. Luckasevic.              On January 14,
    2015, the trial court granted Beatty’s petition and dismissed both counts of
    involuntary manslaughter.           Specifically, the trial court held that the
    -4-
    J-S48033-15
    Commonwealth failed to establish the mens rea necessary to support either
    involuntary manslaughter charge.
    On January 30, 2015, the Commonwealth filed a notice of appeal. On
    February 9, 2015, the trial court ordered the Commonwealth to file a concise
    statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b).
    The Commonwealth timely complied.        On March 17, 2015, the trial court
    filed a Pa.R.A.P. 1925(a) opinion.
    The   Commonwealth     presents   one   issue   for   our   consideration:
    “Whether the [trial c]ourt erred in granting the [habeas p]etition for the
    charge of [i]nvoluntary [m]anslaughter.” Brief for Commonwealth at i.
    Appellate review of an order granting habeas corpus relief is subject to
    the following principles:
    The decision to grant or deny a petition for writ of habeas corpus
    will be reversed on appeal only for a manifest abuse of
    discretion. It is settled that a petition for writ of habeas corpus
    is the proper means for testing a pre-trial finding that the
    Commonwealth has sufficient evidence to establish a prima facie
    case.    Although a habeas corpus hearing is similar to a
    preliminary hearing, in a habeas corpus proceeding the
    Commonwealth has the opportunity to present additional
    evidence to establish that the defendant has committed the
    elements of the offense charged.
    A prima facie case consists of evidence, read in the light most
    favorable to the Commonwealth, that sufficiently establishes
    both the commission of a crime and that the accused is probably
    the perpetrator of that crime. The Commonwealth need not
    prove the defendant’s guilt beyond a reasonable doubt. Rather,
    the Commonwealth must show sufficient probable cause that the
    defendant committed the offense, and the evidence should be
    such that if presented at trial, and accepted as true, the judge
    would be warranted in allowing the case to go to the jury.
    -5-
    J-S48033-15
    Commonwealth v. Keller, 
    823 A.2d 1004
    , 1010-11 (Pa. Super. 2003)
    (citations omitted).    “In determining the presence or absence of a prima
    facie case, inferences reasonably drawn from the evidence of record that
    would support a verdict of guilty are to be given effect, but suspicion and
    conjecture    are     not   evidence   and   are   unacceptable   as   such.”
    Commonwealth v. Packard, 
    767 A.2d 1068
    , 1071 (Pa. Super. 2001)
    (citation omitted).
    The Crimes Code defines involuntary manslaughter as follows:
    A person is guilty of involuntary manslaughter when as a direct
    result of the doing of an unlawful act in a reckless or grossly
    negligent manner, or the doing of a lawful act in a reckless or
    grossly negligent manner, he causes the death of another
    person.
    18 Pa.C.S. § 2504(a).
    A person acts recklessly with respect to a material element of an
    offense when he consciously disregards a substantial and
    unjustifiable risk that the material element exists or will result
    from his conduct. The risk must be of such a nature and degree
    that, considering the nature and intent of the actor’s conduct
    and the circumstances known to him, its disregard involves a
    gross deviation from the standard of conduct that a reasonable
    person would observe in the actor’s situation.
    18 Pa.C.S. § 302(b)(3).
    Although Section 2504 extends to conduct that is either reckless or
    grossly negligent, the Pennsylvania Supreme Court has construed those
    terms identically in this context. See Commonwealth v. Comer, 
    716 A.2d 593
    , 597 (Pa. 1998) (holding that the definition of “recklessly” set forth in
    -6-
    J-S48033-15
    Section 302 encompasses “gross negligence” in Section 2504). Therefore, in
    order to overcome Beatty’s petition for habeas corpus, the Commonwealth
    needed to offer evidence to demonstrate a prima facie case that Beatty
    acted recklessly. The Commonwealth concedes that it failed to do so. See
    Brief for Commonwealth at 5 (“The Commonwealth believes that Beatty did
    not consciously act or in act [sic] to create [a] substantial risk, rather it was
    unconscious inadvertent conduct of Beatty which created risk [sic] and
    caused the children’s death.”).     Instead, the Commonwealth argues that
    Beatty acted “negligently.”
    A person acts negligently with respect to a material element of
    an offense when he should be aware of a substantial and
    unjustifiable risk that the material element exists or will result
    from his conduct. The risk must be of such a nature and degree
    that the actor’s failure to perceive it, considering the nature and
    intent of his conduct and the circumstances known to him,
    involves a gross deviation from the standard of care that a
    reasonable person would observe in the actor’s situation.
    18 Pa.C.S. § 302(b)(4).
    The Commonwealth maintains that it produced sufficient evidence that
    Beatty acted with the above defined mens rea. This may be true, but the
    involuntary manslaughter statute speaks in terms of “gross negligence”
    rather than mere negligence.         Our Supreme Court has rejected the
    argument that these two levels of culpability are one in the same.
    [T]he fact that criminal negligence differs from tort negligence
    does not mean that the negligence defined in Section 302 of the
    Code is the equivalent of the “gross negligence” contemplated in
    Section 2504. If the General Assembly had intended for Section
    302 negligence to be sufficient to establish the mens rea
    -7-
    J-S48033-15
    necessary for involuntary manslaughter, it need not have added
    the modifier “gross.”       Given the principle of statutory
    construction requiring that we view the language of a statute in
    such a way as to give effect to all of its terms, see 1 Pa.C.S.
    § 1921(a); Commonwealth v. Gilmour Mfg. Co., 
    822 A.2d 676
    , 679 (Pa. 2003), we cannot construe the reference to “gross
    negligence” in Section 2504 as requiring mere proof of the
    “negligent” (or “criminally negligent”) state of mind defined in
    Section 302.
    Commonwealth v. Huggins, 
    836 A.2d 862
    , 867 (Pa. 2003).
    The law is clear that a showing of mere negligence or “criminal
    negligence” does not satisfy the Commonwealth’s burden of proving the
    necessary   mens    rea   for   involuntary   manslaughter.     Because    the
    Commonwealth concedes that it failed to demonstrate that Beatty acted
    recklessly, as defined in 18 Pa.C.S. § 302(b)(3), the trial court neither erred
    nor abused its discretion in granting Beatty’s petition for writ of habeas
    corpus.
    Order affirmed.
    Judgment Entered.
    Joseph D. Seletyn, Esq.
    Prothonotary
    Date: 9/22/2015
    -8-
    

Document Info

Docket Number: 197 WDA 2015

Filed Date: 9/22/2015

Precedential Status: Precedential

Modified Date: 4/17/2021