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COMMONWEALTH PENNSYLVANIA v. EDWARD TEREBIENIEC (03/23/79)

submitted: March 23, 1979.

COMMONWEALTH OF PENNSYLVANIA
v.
EDWARD TEREBIENIEC, APPELLANT



No. 1788 October Term, 1978, Appeal from the Sentence of the Court of Common Pleas, Criminal Trial Division, Philadelphia County, January Term, 1977, Nos. 2503-2507.

COUNSEL

Martin A. Ostrow, Philadelphia, for appellant.

Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Cercone, President Judge, and Watkins and Hoffman, JJ.

Author: Hoffman

[ 268 Pa. Super. Page 515]

Appellant contends that: 1) the evidence was insufficient to prove that he did not withdraw from the alleged conspiracy; 2) his arraignment on closed circuit television violated his constitutional rights to a fair arraignment and a fair trial; 3) amendment of the indictment against him to include the name of a coconspirator was improper and prejudicial; 4) the suppression court erred in failing to suppress an inculpatory statement allegedly the product of unnecessary delay between arrest and arraignment; and 5) the suppression court erred in failing to suppress the statement allegedly the fruit of arrests and a search made without probable cause. We disagree and, accordingly, affirm.*fn1

On December 6, 1977, a court sitting without jury convicted appellant of recklessly endangering another person, criminal conspiracy, possession of an instrument of crime, risking catastrophe, arson-endangering persons and arson-endangering property. After denying post-verdict motions, the court sentenced appellant to concurrent terms of imprisonment of one to three years on the charge of criminal conspiracy, one to three years on the charge of possession of an instrument of crime, two to six years on the charge of risking catastrophe, three to twelve years on the charge of arson-endangering persons and one and one half years to four years on the charge of arson-endangering property.

On the evening of November 27, 1976, appellant attended a party at the home of Marc Shambor. Around 1:00 A.M. the following morning, appellant and several others from the party went to a nearby bar, where they engaged in a fight with a group of blacks. Police Officer William Murtha

[ 268 Pa. Super. Page 516]

    arrived to quell the disturbance and heard appellant shout that he was going to "get" the blacks that night. Appellant and his comrades returned to Shambor's home, where he, Shambor and two others filled four beer bottles with gasoline and inserted a rag wick in the top of each bottle. The four discussed going to the Hillside Apartments, 3901 Manayunk Avenue, Philadelphia, where, they believed, blacks lived. Each carried a bottle to the apartments and lined up in front of one of the buildings. At least one of the group ignited the contents of his bottle and threw it at their target, causing a fire which destroyed two apartments and extensively damaged four others.

About 5:45 A.M., Officer Murtha, after hearing a report of the firebombing, spotted appellant and another white male in the vicinity of the apartments. He stopped appellant, who appeared out of breath, and decided to take him to the police station. The police obtained his name, address and similar information. At approximately 10:00 A.M., Detective Craig Sterling informed appellant of his Miranda rights and questioned him for about 30 minutes. Appellant denied any involvement in the incident. The police moved appellant to another building, where he waited for about 90 minutes for his father. His father arrived around 4:00 P.M. and took him home.

The next day, November 29, the police received information implicating appellant in the firebombing. About midnight, they filed a complaint before a magistrate, who issued a warrant to arrest appellant. Carrying the warrant, several officers arrived at appellant's home at about 12:45 A.M., November 30. They knocked, introduced themselves and announced the purpose of their trip to a woman who answered and identified herself as appellant's mother. The woman permitted the officers to enter and stated that she needed to go upstairs to see if appellant were home. She was gone for five to ten minutes. During that time, the officers heard ...


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