Com. v. Coaston, J.

J-A23021-15
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellee :
:
v. :
:
JOHN COASTON, :
:
Appellant : No. 701 WDA 2014
Appeal from the Judgment of Sentence entered on April 3, 2014
in the Court of Common Pleas of Allegheny County,
Criminal Division, No. CP-02-CR-0014774-2012
BEFORE: GANTMAN, P.J., LAZARUS and MUSMANNO, JJ.
MEMORANDUM BY MUSMANNO, J.: FILED DECEMBER 14, 2015
John Coaston (“Coaston”) appeals from the judgment of sentence
imposed following his convictions of murder of the second degree, robbery,
and criminal conspiracy (robbery). See 18 Pa.C.S.A. §§ 2502(b);
3701(a)(1); 903. We affirm.
On October 1, 2008, in the Hill District section of Pittsburgh, Justin
Fowler (“Fowler”) was shot in the back. The shooting severed Fowler’s
spinal cord below his shoulders, resulting in paralysis below the arms. Leila
House (“House”) witnessed two black males wearing masks that only
covered a portion of their faces shoot Fowler. House stated that the
assailants then went through Fowler’s pockets and took his money. House
called the police and later identified Coaston in a photo array as one of the
shooters. Coaston was arrested with two other men, including Malik S.
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Williams (“Williams”). Due to the fact that Fowler survived the shooting,
Coaston was charged with aggravated assault. However, the charge was
withdrawn on November 19, 2008, because Fowler was uncooperative1 and
House was afraid to testify.
On December 28, 2011, Detective Margaret Sherwood (“Detective
Sherwood”) responded to a call regarding a deceased person in an
apartment. Detective Sherwood noticed a strong odor of a body
decomposing and observed Fowler on the floor of the apartment. Detective
Sherwood stated that Fowler’s body had decomposed and that his muscles
had atrophied from lack of use. Detective Sherwood also observed that
Fowler had very large bed sores and that there were flies and maggots on
his body. Allegheny County Forensic Pathologist Dr. Beiyang Xu (“Beiyang”)
stated that Fowler died as a result of complications of paralysis caused by a
gunshot wound that severed his spine. Xu ruled the manner of death a
homicide.
On December 11, 2012, Coaston was charged with criminal homicide,
criminal conspiracy to commit homicide, robbery, and criminal conspiracy to
commit robbery. Coaston’s case was joined with that of Williams, who was
facing similar charges. The case proceeded to a jury trial in April 2013. The
jury found Coaston guilty of murder of the second degree, robbery, and
criminal conspiracy to commit robbery. The jury acquitted Williams of all
1
Fowler stated that he was going to “keep it in the streets,” and he did not
want to be labeled a “snitch.” N.T., 4/25/13, at 196, 201.
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charges. The trial court sentenced Coaston to forty to ninety-nine years in
prison on the murder conviction, a consecutive prison term of ten to twenty
years on the robbery conviction, and a consecutive prison term of ten to
twenty years on the conspiracy conviction. Coaston filed a Motion for
Reconsideration, arguing, inter alia, that the robbery and murder sentences
should have merged. The trial court re-sentenced Coaston to forty to
ninety-nine years in prison for the murder conviction and a consecutive
prison term of ten to twenty years for the conspiracy conviction.
Coaston filed a timely Notice of Appeal, and a court-ordered
Pennsylvania Rule of Appellate Procedure 1925(b) Concise Statement. The
trial court issued an Opinion.
On appeal, Coaston raises the following questions for our review:
1. Whether there was insufficient evidence to convict [Coaston]
when the Commonwealth failed to prove beyond a reasonable
doubt that the assault on [Fowler] was the direct and
substantial cause of [Fowler’s] death?
2. Whether the trial court abused its discretion in failing to
sustain the objection to Exhibits 6-8 (photographs)?
3. Whether [Coaston] received an illegal sentence when he was
sentenced for both second-degree murder and criminal
conspiracy to commit robbery, when those sentences should
have merged for purposes of sentencing?
Brief for Appellant at 6.
In his first claim, Coaston contends that the evidence was insufficient
to support his murder conviction. Id. at 15. Coaston argues that the
Commonwealth failed to demonstrate that Fowler’s October 2008 gunshot
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wound was the direct and substantial cause of his death. Id. at 15, 24.
According to Coaston, the evidence suggested that Fowler’s death was
caused by his failure to take care of himself, including the fact that he was
malnourished and allegedly abused alcohol. Id. at 20-24; see also id. at
24 (wherein Coaston claims that Fowler’s physical and mental condition was
not so weakened, due to the injuries, that he could not take care of himself).
We apply the following standard of review when considering a
challenge to the sufficiency of the evidence:
The standard we apply in reviewing the sufficiency of the
evidence is whether viewing all the evidence admitted at trial in
the light most favorable to the verdict winner, there is sufficient
evidence to enable the fact-finder to find every element of the
crime beyond a reasonable doubt. In applying the above test,
we may not weigh the evidence and substitute our judgment for
the fact-finder. In addition, we note that the facts and
circumstances established by the Commonwealth need not
preclude every possibility of innocence. Any doubts regarding a
defendant’s guilt may be resolved by the fact-finder unless the
evidence is so weak and inconclusive that as a matter of law no
probability of fact may be drawn from the combined
circumstances. The Commonwealth may sustain its burden of
proving every element of the crime beyond a reasonable doubt
by means of wholly circumstantial evidence. Moreover, in
applying the above test, the entire record must be evaluated and
all evidence actually received must be considered. Finally, the
finder of fact while passing upon the credibility of witnesses and
the weight of the evidence produced, is free to believe all, part
or none of the evidence.
Commonwealth v. Best, 120 A.3d 329, 341 (Pa. Super. 2015) (citation
and brackets omitted).
The Crimes Code defines murder of the second degree as follows:
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(b) Murder of the second degree.--A criminal homicide
constitutes murder of the second degree when it is committed
while defendant was engaged as a principal or an accomplice in
the perpetration of a felony.
18 Pa.C.S.A. § 2502(b).
“It is undisputed that the Commonwealth must prove a direct causal
relationship between the acts of a defendant and the victim’s death.”
Commonwealth v. Fabian, 60 A.3d 146, 152 (Pa. Super. 2013) (citation
omitted). “To establish criminal causation, the Commonwealth must prove
that the defendant’s conduct was so directly and substantially linked to the
actual result as to give rise to the imposition of criminal liability.”
Commonwealth v. Nunn, 947 A.2d 756, 760 (Pa. Super. 2008). In
establishing criminal causation, the Commonwealth must fulfill a two-part
test. See Commonwealth v. Rementer, 598 A.2d 1300, 1305 (Pa. Super.
1991); see also 18 Pa.C.S.A. § 303(a). “First, the defendant’s conduct
must be an antecedent, but for which the result in question would not have
occurred.” Nunn, 947 A.2d at 760; see also 18 Pa.C.S.A. § 303(a)(1). “A
victim’s death cannot be entirely attributable to other factors; rather, there
must exist a causal connection between the conduct and the result of
conduct; and causal connection requires something more than mere
coincidence as to time and place.” Nunn, 947 A.2d at 760 (citation and
quotation marks omitted); see also Fabian, 60 A.3d at 152 (stating that
“so long as the defendant’s [conduct] started the chain of causation which
led to the victim’s death, criminal responsibility for the crime of homicide
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may properly be found.”) (citation omitted). “The second part of the test is
satisfied when the victim’s death is the natural or foreseeable consequence
of the defendant’s actions.” Nunn, 947 A.2d at 760. “[T]he results of the
defendant’s actions cannot be so extraordinarily remote or attenuated that it
would be unfair to hold the defendant criminally responsible.” Id.The trial court summarized the relevant evidence as follows:
Detective [] Sherwood testified that she responded to the
investigation of a deceased person on Chauncey Drive,
Pittsburgh, Pennsylvania. She noticed a strong odor of a body
decomposing and observed [Fowler] on the floor of the
apartment. She described numerous, used and unused,
bandages and a wheelchair in the living area. [Fowler’s] body
had large decubiti, bed sores, across his buttocks, hips, feet,
shins and elbows. She knew the deceased suffered a gunshot to
the back on October 6, 2008, and that his spinal cord was
severed below the shoulders. … Several decubiti were identified
on various parts of [Fowler’s] body, and that they were caused
by pressure on the skin that is in a position for a long time,
which causes the skin to break down resulting in bed sores.
Numerous gauze bandages, used and unused, were observed
along with seeping bandages throughout the apartment. She
observed [Fowler] to be very thin with atrophied muscles.
***
The Commonwealth called [] House, who testified that on
October 1, 2008, she resided in the Bedford Housing
Community, directly across from Chauncey Drive. While on the
phone, and looking out her kitchen window, she saw a man on
the steps in the courtyard. She observed two (2) black males
run from a hallway to the top of a stairway. The two (2) men
reached their hands out, [] House heard a pop and the man who
was walking fell straight down. [Coaston] was observed going
through [Fowler’s] pockets taking his money, after which both
shooters fled the area. [] House made an in-court identification
of the defendants. A prior pre-trial photo array was admitted as
Exhibit 18, wherein … Coaston, was identified by [] House as the
“short one with gun” on his picture. [] House testified that she
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was sure that [Coaston] was one of the individuals who were
standing over the stairs shooting at [Fowler]. …
Detective Dale Canofari testified that he took measurements and
photographed the scene of this shooting a couple weeks after
the death of [] Fowler. Photographs were taken from [] House’s
kitchen window toward the area in which she had observed the
shooting of [Fowler]. The distance from the kitchen window to
the scene of the shooting measured 44 feet.
Detective Brian Weismantle testified that at the time of []
Fowler’s shooting in 2008, he responded to the scene of the
shooting. The detective testified that he identified the red shirt
worn by [] Fowler. … He also verified that [] House identified []
Coaston in a photo array, where she wrote “short one with gun”
and signed it.
Trial Court Opinion, 11/6/14, at 3-5 (citations and footnote omitted).
Additionally, Beiyang, a Forensic Pathologist with the Allegheny County
Medical Examiner’s Office, conducted an autopsy on Fowler’s body. N.T.,
4/24/13, at 85, 87. Beiyang testified that Fowler had an “oval-shaped scar
on the right posterior shoulder [from] the remote gunshot entrance wound.”
Id. at 88. Beiyang stated that a projectile was left in the border of Fowler’s
chest wall. Id. at 94-95. Beiyang asserted that the shooting caused
Fowler’s spine to be severed between the T-1 and T-3 vertebra, which
rendered Fowler paralyzed from the arms down. Id. at 92-94, 100.
Beiyang testified that multiple locations on Fowler’s body had deep decubitus
ulcerations, commonly known as pressure sores or bed sores, which were a
natural consequence of paralysis. Id. at 88-89, 102. Beiyang indicated that
even though Fowler did not take care of himself, the ulcerations would have
eventually developed because of his paralysis. Id. at 102, 104-05, 108.
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Beiyang stated that Fowler only weighed 92 pounds at the time his body was
found, and that the low weight may have been caused by loss of muscle
mass, normal atrophy, and decomposition of the body. Id. at 103-05, 111.
Beiyang testified that while the alcohol level in Fowler’s body was consistent
with decomposition, he could not tell what Fowler’s blood alcohol level was
at the time of his death. Id. at 109-13; see also id. at 113 (wherein
Beiyang testified that no drugs were found in Fowler’s body, but that drugs
dissipate over time). Beiyang confirmed that the ulcerations, caused by
gunshot wounds that led to paralysis, resulted in Fowler’s death. Id. at 99-
100. Beiyang determined the cause of death to be a homicide. Id. at 100,
107.
Based upon the foregoing evidence, viewed in a light most favorable to
the Commonwealth, we conclude that Coaston’s actions were the “but for”
cause of Fowler’s death. See Commonwealth v. Thompson, 660 A.2d 68,
70-71 (Pa. Super. 1995) (concluding that evidence was sufficient to support
appellant’s murder conviction where appellant assaulted a man, which
caused subdural hematomas, leading to the victim’s eventual death due to
pneumonia); Commonwealth v. Cartagena, 416 A.2d 560, 562 (Pa.
Super. 1979) (concluding that the evidence was sufficient to support the
murder conviction where appellant stabbed the victim, which caused
paralysis and eventually an infection from bed sores that killed the victim
one and one-half years after the stabbing). Indeed, Coaston’s argument
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that Fowler did not take care of himself was not such an independent and
intervening act as to break the chain of causation. See Cartagena, 416
A.2d at 563 (stating that the fact the victim did not cooperate in treating his
bed sores was “not such an intervening and independent act sufficient to
break the chain of causation or events between the stabbing and the
death.”). Because Fowler’s death was a foreseeable and natural
consequence of Coaston’s actions, we conclude that the evidence was
sufficient to support Coaston’s murder conviction.
In his second claim, Coaston contends that the trial court abused its
discretion in admitting photographs of Fowler’s dead body. Brief for
Appellant at 25. Coaston argues that while the photographs were redacted,
they were so graphic that they unduly prejudiced him at trial. Id. at 25, 27-
28, 31; see also id. at 28-29 (wherein Coaston states that the pictures
depicted Fowler’s body when the police found him, and Fowler’s body on the
medical examiner’s table). Coaston claims that Beiyang was capable of
explaining the cause and manner of death without the admission of
photographs. Id. at 26, 31. Coaston asserts that he is entitled to a new
trial without the admission of the photographs. Id. at 31.
Our standard of review regarding the admission of photographs of a
homicide victim is as follows:
We will affirm a trial court’s admission of photographs absent an
abuse of discretion. …
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When considering the admissibility of photographs of a homicide
victim, which by their very nature can be unpleasant, disturbing,
and even brutal, the trial court must engage in a two-step
analysis:
First a [trial] court must determine whether the photograph is
inflammatory. If not, it may be admitted if it has relevance and
can assist the jury’s understanding of the facts. If the
photograph is inflammatory, the trial court must decide whether
or not the photographs are of such essential evidentiary value
that their need clearly outweighs the likelihood of inflaming the
minds and passions of the jurors.
Commonwealth v. Johnson, 42 A.3d 1017, 1033-34 (Pa. 2012) (citations
omitted).
Here, the Commonwealth sought to introduce various photographs of
the victim at the apartment and during the autopsy. N.T., 4/24/13, at 4-7.
The trial court excluded many of the photographs because they were too
graphic and inflammatory. Id. at 5, 9-10, 15-16. However, the trial court
allowed the Commonwealth to introduce three photographs (Exhibits 6, 7,
and 8) of Fowler to show the ulcerations on his body, which the
Commonwealth argued were the cause of his death. Id. at 10, 21, 23-26;
see also id. at 10, 11-12, 18-19 (wherein the Commonwealth argued that
the photos were relevant to show Fowler’s ulcerations were the cause of his
death). Due to the graphic nature of the photographs, the Commonwealth
was required to redact two of the photographs deemed admissible. Id. at
18-21.
Detective Sherwood testified that Exhibits 6 and 7 showed the
condition of Fowler’s body when it was found on December 28, 2011. Id. at
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70. Specifically, Detective Sherwood stated that the photographs displayed
the ulcerations on Fowler’s body. Id. 73-75, 79-80. Beiyang testified that
Exhibit 8 was an autopsy photograph that depicted various ulcerations on
Fowler’s body. Id. at 91-92. Beiyang stated that the ulcerations were the
cause of Fowler’s death. Id. at 99-100.
The trial court gave the following instruction with regard to the
photographs:
You saw some exhibits. Your recollection will control, and I don’t
need to look it up, but there were several photos of [Fowler]. I
believe 6, 7, and 8 may have been the numbers, but at any rate,
you saw some photographs that were admitted into evidence for
the purpose of showing the nature of the wounds, that [Fowler]
had and showing conditions of the scene of the alleged crime
which may help you understand the testimony of witnesses who
testified about these events.
It is not pleasant – and they were not pleasant photographs to
look at. You should not let those photographs stir your emotions
to the prejudice of the defendants in this case.
Your verdict must be based on a rational and fair consideration
of all of the evidence and not on passion or prejudice against the
defendants, the Commonwealth, or anyone else connected with
this case.
Again, they were only designed and offered for the purpose of
helping explain what the situation was at the time, even though
they were – I don’t know the proper word; unpleasant is putting
it mildly I would say.
N.T., 4/26/13, at 107-08.
Here, despite the gruesome nature of the photographs, they were
probative in that they assisted the jury in understanding the circumstances
and cause of Fowler’s death. See Commonwealth v. Rush, 646 A.2d 557,
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560 (Pa. 1994) (stating that “the condition of the victim’s body provides
evidence of the assailant’s intent, and, even where the body’s condition can
be described through testimony from a medical examiner, such testimony
does not obviate the admissibility of photographs.”). Indeed, the trial court
carefully considered each photograph offered, and only admitted certain
photographs to aid the jury’s understanding of Fowler’s death in light of
Coaston’s defense. With regard to the prejudicial impact that Coaston may
have sustained, the trial court provided a cautionary instruction designed to
ameliorate bias in the minds of the jury and remind them of their duty to
serve in an impartial manner. See N.T., 4/26/13, at 107-08; see also
Commonwealth v. Arrington, 86 A.3d 831, 853 (Pa. 2014) (stating that it
is presumed that the jury will follow a trial court’s instructions). In light of
the probative value of each photograph, and the trial court’s cautionary
instruction, we conclude that the trial court did not abuse its discretion in
admitting the photographs.2 See Commonwealth v. Pestinikas, 617 A.2d
1339, 1347 (Pa. Super. 1992) (concluding that trial court did not abuse its
discretion in admitting photographs of the deceased victim, even though the
photographs were assumed to be inflammatory, because the trial court
issued a cautionary instruction warning the jury that they should not let the
photographs “stir up [their] emotions.”); see also Commonwealth v.
Spell, 28 A.3d 1274, 1281 (Pa. 2011) (noting that an appropriate
2
After review, the cases cited by Coaston do not support his claim for relief.
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instruction regarding photographs of a homicide victim can minimize the
danger of inflaming the jury).
In his final claim, Coaston contends that the trial court imposed an
illegal sentence because his sentences for murder and conspiracy should
have merged. Brief for Appellant at 32, 38, 41. Coaston points out that the
jury was instructed that he could be found guilty of murder under a theory of
accomplice liability, and the jury made no finding as to the theory under
which Coaston was convicted. Id. at 32-33, 37-38, 40-41. Coaston argues
that the definition of conspiracy is similar to accomplice liability, and
therefore the sentences should have been merged. Id. at 32, 38.
“A claim that crimes should have merged for sentencing purposes
raises a challenge to the legality of the sentence.” Commonwealth v.
Quintua, 56 A.3d 399, 400 (Pa. Super. 2012). “Therefore, our standard of
review is de novo and our scope of review is plenary.” Id.Whether offenses merge at sentencing implicates Section 9765 of the
Sentencing Code, which provides the following:
§ 9765. Merger of sentences
No crimes shall merge for sentencing purposes unless the crimes
arise from a single criminal act and all of the statutory elements
of one offense are included in the statutory elements of the
other offense. Where crimes merge for sentencing purposes, the
court may sentence the defendant only on the higher graded
offense.
42 Pa.C.S.A. § 9765.
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Here, the jury convicted Coaston of murder of the second degree and
criminal conspiracy to commit robbery. Pointedly, these crimes are distinct
criminal acts and the statutory elements of murder of the second degree are
plainly different from the elements of criminal conspiracy to commit robbery.
See Commonwealth v. Szakal, 50 A.3d 210, 214 n.5 (Pa. Super. 2012)
(noting that “the crime of criminal conspiracy to commit robbery did not
merge with the crime of second degree murder for sentencing purposes.”);
see also Quintua, 56 A.3d at 401 (stating that “there is no merger if each
offense requires proof of an element the other does not.”). Thus, the trial
court properly determined that the sentences should not merge.
Judgment of sentence affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 12/14/2015
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