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COMMONWEALTH PENNSYLVANIA v. RICHARD PATRICK JOHNSON (03/31/83)

filed: March 31, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
RICHARD PATRICK JOHNSON, APPELLANT



No. 2253 PHILADELPHIA, 1980, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Bucks County, No. 3043 of 1977.

COUNSEL

Arthur R. Sagoskin, Bristol, for appellant.

William F. Merz, Assistant District Attorney, Doylestown, for appellee.

Hester, Wickersham and Popovich, JJ. Popovich, J., concurs in the result.

Author: Hester

[ 312 Pa. Super. Page 487]

This is an appeal taken from a judgment of sentence entered by the Court of Common Pleas of Bucks County on October 3, 1980. Appellant, Richard P. Johnson, was found guilty by a jury of various counts of possession of a controlled substance, rape, involuntary deviate sexual intercourse,

[ 312 Pa. Super. Page 488]

    aggravated assault, simple assault, indecent assault, theft and criminal conspiracy. Appellant was sentenced to concurrent terms of total confinement of not less than five (5) nor more than twelve (12) years in a State Correctional Institution on two counts of rape and two counts of involuntary deviate sexual intercourse; sentence was suspended on the remaining charges of the information. Motions in arrest of judgment and new trial were denied.

The charges stemmed from a repugnant and extenuating ordeal involving one victim and three co-defendants from October 30, 1977, through November 2, 1977. On October 30, 1977, the victim, Betty Jane Vaughan, was living with her mother at 14 Elmer Street, Warminster, Pennsylvania. At approximately 9:30 a.m., Betty Jane's brother, John Graveley, arrived at his mother's residence and asked the victim for gasoline money. In return for receiving the cash, Graveley agreed to take the victim apartment hunting.

As the victim entered the automobile transporting her brother, she discovered appellant and Barbara Graveley waiting inside. Appellant was occupying the driver's seat; the victim took the front passenger seat beside him and John and Barbara Graveley sat in the rear seat. The three co-defendants were related. John Graveley was married to Barbara Graveley and Barbara was appellant's sister.

The victim entered the automobile with a purse containing, inter alia, prescribed valium. When she removed the vial from her purse so that she could ingest one of her daily prescribed allotments, John wrested the valium pills from her grasp and generously distributed them to himself, appellant and Mrs. Graveley. Appellant compelled the victim to swallow three more valium pills. Shortly thereafter, the victim became confused and disoriented, a mental condition in which she remained for four days due to co-defendants' forcible injection of narcotics into her.

Instead of finding an apartment for Mrs. Vaughan alone, co-defendants drove the automobile for hours in the Philadelphia area in search of either an apartment or motel room for the four people to reside. Following an unsuccessful

[ 312 Pa. Super. Page 489]

    bid to locate an apartment, Mrs. Vaughan was compelled to approach the registration desk of the Willow Grove Motel Lodge in Willow Grove, Pennsylvania, pose as appellant's wife and pay for one day's lodging. Shortly thereafter, the foursome assembled in the motel room.

John and Barbara departed in order to purchase narcotics, while appellant and the victim remained behind in the motel. Appellant's request for sex with the victim was rejected; however, he persisted with force. He called Mrs. Vaughan his "bitch" and more crudely instructed her to submit to his sexual whims. The victim was frightened and succumbed to his demand to remove her clothing.

Upon entirely removing her clothing, appellant grabbed her shoulder-length hair and pulled her to the bed. She then became the unwilling object ...


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