Appeal from the Judgment of Sentence in the Court of Common Pleas of Philadelphia County, Criminal Division, No. 85-05-2816, 2817
John Packel, Chief, Appeals, Assistant Public Defender, Philadelphia, for appellant.
Jane C. Greenspan, Assistant District Attorney, Philadelphia, for Com., appellee.
Tamilia, Hoffman and Hester, JJ.
[ 360 Pa. Super. Page 553]
This is a consolidated appeal from judgment of sentence entered after the court, sitting without a jury, convicted appellant, Kenneth Scofield, of aggravated assault*fn1 and
[ 360 Pa. Super. Page 554]
recklessly endangering another person,*fn2 and acquitted him of driving under the influence of alcohol. Appellant was sentenced to twenty-nine (29) to fifty-eight (58) months imprisonment on work release, to be followed by one (1) year of probation. Appellant's conviction of reckless endangerment merged with the aggravated assault charge for sentencing purposes.
The facts of this case, as accurately set forth by the court below, are as follows:
On February 8, 1985, at approximately 10:00 p.m., Scofield was driving a brown Chevrolet north on the 3900 block of Broad Street in Philadelphia. At that time, George Munroe ("Munroe"), a cab driver, was travelling south on Broad Street in his cab scanning the area for potential fares. Munroe noticed Lamont Skipworth ("Skipworth") walking on the pavement on the east side of Broad Street. Munroe's attention was then drawn to Scofield's vehicle because he noticed sparks that were caused by Scofield's car scraping up against the left front bumper that was parked on the east side of Broad Street facing north in the parking lane. Scofield's vehicle traveled another ten feet in this manner before swerving onto the sidewalk and striking a building. At this point Munroe lost sight of Skipworth. Munroe then saw Skipworth under the right front fender of Scofield's vehicle. Munroe approached Scofield's car and told him to "cut the car off." Scofield said, "Look brother, give me a chance, leave me alone, I am all fucked up." Munroe attempted to put his hand inside the car in order to turn off the ignition at which point Scofield became belligerent, hitting at Munroe and attempting to bite him. Scofield then reved the engine and tried unsuccussfully to put his car in reverse. His efforts were thwarted by a flat tire which his vehicle sustained during the incident. Scofield was able to move the car away from the building but it then came to rest against a nearby tree.
[ 360 Pa. Super. Page 555]
It was subsequently determined that Skipworth was severely injured as a result of the accident necessitating amputation of one of his legs. He required ...