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COMMONWEALTH PENNSYLVANIA v. VICTOR BRACERO (03/12/82)

filed: March 12, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
VICTOR BRACERO, APPELLANT. COMMONWEALTH OF PENNSYLVANIA, V. MAXIMO BRACERO, APPELLANT



Appeal from Judgment of Sentence of the Court of Common Pleas of Lebanon County, Criminal Division at No. 8, 1978. Appeal from the Judgment of Sentence of the Court of Common Pleas of Lebanon County, Criminal Division, at No. 9, 1978.

COUNSEL

Joel M. Breitstein, Lebanon, for appellant (at No. 973).

Keith L. Kilgore, Lebanon, for appellant (at No. 1020).

William L. Thurston, Assistant District Attorney, Lebanon, for Commonwealth, appellee.

Price, Cavanaugh and Watkins, JJ.

Author: Watkins

[ 296 Pa. Super. Page 371]

These cases come to us on appeals from the Court of Common Pleas of Lebanon County and involve the defendants' appeals from judgments of sentence entered after they were convicted by a jury of aggravated assault, criminal attempt to commit murder and conspiracy. The defendants were each sentenced to terms of imprisonment from two and one-half years less one day to five years less one day. They were also fined $100, assessed costs of $22.50 and ordered to make restitution to the victim in the amount of $5948.70 apiece.

Defendants argue that the evidence was insufficient to support the jury's verdicts against them. We disagree. About three weeks prior to November 12, 1977 a young woman, Kathy Demmy, told the victim, Richard Meade, that Victor Bracero had hit her. Meade confronted Victor Bracero over the alleged incident, a fight ensued, and Victor Bracero and some friends of his administered a severe beating to Meade. Victor Bracero was criminally charged by the police over this incident which occurred at Pusnik's Bar in Lebanon, Pennsylvania.

On November 12, 1977, at Pushnik's Bar, Meade and a friend, Marcell Green, were present at midnight when Maximo Bracero challenged Green to go outside with him. Green began to walk towards the door, accepting the challenge.

[ 296 Pa. Super. Page 372]

Maximo Bracero walked backwards toward the door waving Green on. Meade and Hayes followed Green outside and Meade warned Green about going with Maximo Bracero. Once outside of Pushnik's, Green saw Victor Bracero and attempted to run back inside. At that point Meade observed Victor Bracero running towards him with a shotgun. Meade turned and ran but before he could flee Victor Bracero shot him in the shoulder with a 12 gauge shotgun.

At trial, Meade, Green and a friend of theirs, Robert Hayes testified as to the above. Another witness, a college student named Joseph Oxley, testified that as he and his girlfriend were entering the bar they had observed a man of Spanish descent with an Afro haircut carrying a gun and saying "I'm going to blow your fuckin' head off". Oxley was told to duck and "get out of here". After the incident he observed two Spanish men run from the area towards the road.

Expert witnesses identified the shell fragments in Meade's back as those from a 12 gauge shotgun. Defendants were brothers of Spanish descent. Meade, Green and ...


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