Com. v. Purifory, K. ( 2023 )

J-S32023-23
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
KEVON IMMANUEL PURIFORY :
:
Appellant : No. 140 MDA 2023
Appeal from the Judgment of Sentence Entered January 9, 2023
In the Court of Common Pleas of Dauphin County Criminal Division at
No(s): CP-22-CR-0000321-2021
BEFORE: DUBOW, J., KUNSELMAN, J., and NICHOLS, J.
JUDGMENT ORDER BY KUNSELMAN, J.: FILED: OCTOBER 12, 2023
Kevon Immanuel Purifory appeals from the judgment of sentence
entered after the trial court found him guilty of recklessly endangering another
person and not guilty of attempted murder and aggravated assault. The
parties and the trial court agree that Purifory’s valid self-defense claim
negates the recklessness required to sustain his conviction. After review, we
reverse.
A “defender may not be simultaneously found to have justifiably acted
in self-defense and be criminally liable for crimes involving recklessness or
malice.” Commonwealth v. Fowlin, 710 A.2d 1130, 1132 (Pa. 1998) (citing
Commonwealth v. Hilbert, 382 A.2d 724 (Pa. 1978), and Commonwealth
v. Heatherington, 385 A.2d 338 (Pa. 1978)). This includes crimes of
recklessness against bystanders. Id. at 1134.
J-S32023-23
Here, the trial court, as finder of fact, found that Purifory shot the
complainant in self-defense. This precludes a finding that Purifory acted
recklessly, towards both the complainant and other people in the apartment
complex. Id. Accordingly, we reverse.
Judgment of sentence vacated. Conviction reversed. Appellant Kevon
Immanuel Purifory discharged. Jurisdiction relinquished.
Date: 10/12/2023
-2-