PA Superior Court: Threatening and Later Hitting Someone Sufficient Evidence for Terroristic Threats Conviction
Criminal Defense Lawyer Zak T. Goldstein, Esquire
The Superior Court has decided the case of Commonwealth v. Campbell, affirming the defendant’s conviction for terroristic threats. The Superior Court’s decision in this case is not surprising given that the defendant threatened the complainant and then proceeded to physically attack him. However, other terroristic threats cases are not always this obvious. Further, the Commonwealth will frequently charge terroristic threats in addition to other crimes of violence. As such, if you are charged with terroristic threats, it is imperative that you have a skilled attorney representing you because it requires a very specific attention to details in orderly to properly defend against this charge.
Commonwealth v. Campbell
The defendant was painting the floor of the complainant’s house in South Philadelphia. The defendant asked the complainant to give him $500 for more materials to which the complainant responded that he would only give the defendant $300. As a result of this, the defendant became angry and started yelling and cursing at the complainant. The complainant would later testify that he became scared because of the defendant’s yelling. The complainant then tried to call the police, but the defendant slapped the phone out of his hand before he could do so.
After he slapped the phone out of the complainant’s hand, the defendant then went to his van. While he was out there, the complainant was able to call the police. The defendant then returned to the complainant’s house and confronted the complainant on his front porch. The two men got into a physical confrontation which resulted in the defendant punching the complainant in the mouth, knocking the complainant’s two front teeth out. The defendant said to the complainant “if you don’t give me money, I’m going to finish you.” After this exchange, the defendant left the complainant’s residence.
After the defendant left, the complainant retreated to his van to wait for the police. Before the police arrived, the defendant came back to the complainant’s house, this time with his four children. The defendant walked up to the complainant’s car and struck him with a tire iron. A short time later, the police arrived. The complainant initially refused medical treatment because he was waiting for a locksmith to come to change his locks because the defendant had a key to his home. After the locksmith changed the locks, the complainant did go to the hospital for treatment. The record is unclear as to what other injuries the complainant sustained.
The defendant was subsequently arrested and charged with aggravated assault and terroristic events. The defendant elected to proceed by a bench trial. At trial, the complainant testified to the aforementioned facts. The defendant also testified. He admitted to getting into a physical altercation with the complainant over money and punching him in the mouth. He also admitted to hitting the complainant with a weapon, but he said that he hit him with nunchucks and that this was done in self-defense. Finally, and most relevant for this blog, he admitted telling the complainant that if he did not give him his money, he would finish him.
At the conclusion of the trial, the trial court found the defendant guilty of simple assault, possessing an instrument of crime, and terroristic threats. He was sentenced to two years’ probation. The defendant filed a timely appeal. On appeal, the defendant only challenged his conviction for terroristic threats. As stated above, he admits that he made the above statement to the complainant. However, he argued that this was not sufficient to convict him of the charge of terroristic threats because the threat amounted only to a “spur-of-the moment threat made as a product of transitory anger.”
The Pennsylvania Superior Court’s Decision
The Pennsylvania Superior Court affirmed the defendant’s conviction for terroristic threats and found that his claim was “meritless.” In order to sustain a conviction for terroristic threats, the Commonwealth must prove that the defendant 1) made a threat to commit a crime of violence and 2) the threat was communicated with the intent to terrorize another. The Superior Court found that the purpose of the terroristic threats statute was to impose criminal liability on individuals who make threats which “seriously impair personal security.”
In reviewing the record, the Superior Court found that there was more than sufficient evidence to convict the defendant of terroristic threats. The fact that the defendant actually hit the complainant after making said threat showed that the defendant did not merely make said threat during a period of transitory anger. What was most damning for the defendant, was that he made the threat to the complainant, left the scene, and then returned again to attack the complainant. To the Superior Court, this showed that the defendant had intended to terrorize the complainant when he made said threat. As such, the defendant will not get relief and his conviction will stand.
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