Commonwealth v. S.T.

Police responded to s report of shots fired on 700 W. Luzerne St. and found a victim unresponsive and suffering from multiple gunshot wounds. The victim was later pronounced dead. Detectives recovered surveillance video that showed a black sedan circle the block where the victim was standing. The driver gets out of the car and begins arguing with the victim for approximately one minute before walking up to him and punching him in the face. As this is happening, the front seat passenger emerges from the car while holding a gun. After the victim is punched he begins to draw a gun from his waistband. At this moment, the front seat passenger fires several shots at the victim causing him to fall to the ground. Both the driver and passenger get back into the car and flee from the scene. Investigators are able to identify the tag number, and ultimately recover the car. A search of the infotainment system revealed that S.T’s phone was connecting to the car at the time of the incident. Detectives also subpoenaed cell tower records, which put S.T. at the scene of the crime. Based on this information S.T was identified and was determined to be the driver of the car on the surveillance video. S.T. was arrested and charges with Murder and Conspiracy. At trial, the defense successfully argued that there was insufficient evidence to establish that S.T. agreed with the passenger to commit the shooting and did not aid or abet the shooter in any way. S.T was found not guilty of all charges.