Pennsylvania v. Towles (majority)
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Appellant Jakeem Towles and Antwain Robinson took a bus from Lancaster to Columbia to visit appellant's cousin, Tyrone Hunter, and to attend a local rap performance at a venue near Hunter's apartment. Appellant and Robinson drank alcohol and smoked marijuana over the course of the night, walking between Hunter’s apartment and the venue several times. At some point, appellant took Hunter’s handgun from his apartment and hid it in a nearby alley. At the venue, appellant interrupted Cornell Stewart and John Wright's rap performance by grabbing Wright's microphone. As a result, appellant and Wright got into a physical altercation wherein Wright hit appellant at least once. Security separated them, and escorted appellant and Robinson out the front door and Wright and Stewart out the back. Appellant immediately retrieved the handgun he hid earlier, went behind the venue, and fired three shots at Wright and Stewart. One of the shots fatally struck Stewart in the head. Appellant and Robinson fled the scene and asked a friend for a ride to Lancaster. During the trip, appellant made incriminating statements to all occupants of the vehicle, including Robinson, their friend, and two other women, and instructed them not to talk. Appellant was charged with Stewart’s homicide, the attempted homicide of Wright, and unlawful possession of a firearm (the unlawful possession charge was severed for trial). The Commonwealth filed notice of an aggravating circumstance and intent to seek the death penalty. At trial, appellant’s defense theory was to negate specific intent to kill by arguing he was in the heat of passion from the altercation with Wright and also had diminished capacity due to voluntary intoxication. The jury convicted appellant of first degree murder and attempted homicide. In the penalty phase, the jury found one aggravating circumstance: in the commission of the murder, appellant created a grave risk of death to another person in addition to Stewart. The Pennsylvania Supreme Court must affirm a death sentence unless it finds: (i) the evidence fails to support the finding of at least one aggravating circumstance; or (ii) the sentence was the product of passion, prejudice, or any other arbitrary factor. Finding no reversible error, the Court affirmed appellant's death sentence.
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