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[U] Commonwealth v. Fairman

Superior Court of Pennsylvania

February 7, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
SHAUN CASEY FAIRMAN, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence entered May 28, 2013, in the Court of Common Pleas of Indiana County, Criminal Division, at No(s): CP-32-CR-0001275-2012

BEFORE: BOWES, ALLEN, and MUSMANNO, JJ.

MEMORANDUM

ALLEN, J.

Shaun Casey Fairman ("Appellant") appeals from the judgment of sentence imposed after a jury convicted him of second-degree murder, aggravated assault (serious bodily injury), burglary, and aggravated assault (bodily injury caused with a deadly weapon). Upon review, we affirm on the basis of the trial court's well-reasoned opinion.

We incorporate the following factual background:

The facts of this case, most of which the parties agree upon, are as follows. [ FN 1. The Commonwealth and [ Appellant] entered into a stipulation of facts and an additional stipulation of facts in which among other things [ Appellant] agreed to the following: (1) the cause of death of the decedent "perforating gunshot wound to the neck"; (2) the existence of the Protection From Abuse Order; (3) that on the date of the homicide [ Appellant] possessed a Stoeger Arms, single action revolver, Model 1873 Cattleman, caliber .45 Colt handgun and a Winchester bolt action rifle, Model Range, caliber 30.06 Springfield; (4) the fatal shot was fired by [ Appellant] from the .45 colt handgun.]
[ Appellant] and Jessica Fairman were husband and wife and at the time of this incident resided with their four (4) minor children at 5128 Route 210 Hwy. South, Smicksburg, Pennsylvania. This is a rural area located in North Mahoning Township, Indiana County. [ Appellant] and Jessica separated on May 10, 2012, with [ Appellant] vacating the marital residence.
On May 14, 2012, [ Appellant] was voluntarily committed to the Armstrong County Hospital pursuant to the Mental Health Procedures Act, 50 P.S. § 7101 et. seq. On the third day of his admission [ Appellant] was served with a temporary Protection From Abuse Order and Protection from Abuse Petition. The Petition for Relief had been filed by his wife on her behalf and on the behalf of the minor children. After receiving the Temporary PFA Order [ Appellant] indicated his desire to leave the hospital and he was released on Friday, May 18, 2012.
The hearing on the Protection From Abuse was held May 22, 2012. [ Appellant] and his wife were represented by counsel. An agreement was reached and a final Order was entered without an admission on [Appellant] 's part. The final order was for one (1) year and evicted [ Appellant] from the marital residence. Thereafter, [ Appellant] lived in a cam per at his parent's home.
Jessica also filed for divorce on May 30, 2012. [ Appellant] picked the Complaint up at the Post Office on Saturday, June 2, 2012. [ Appellant] was drinking heavily between the time of his release from the Armstrong County Hospital and the date of the shooting June 3, 2012.
After reading the divorce papers [ Appellant] traveled to Byler's Harness Shop and examined a 30.06 rifle. He inquired as to the time the shop closed and left. He later returned prior to closing and purchased the rifle.
He then traveled to the home of a friend William Troup. Mr. Troup was the owner of the weapon used to kill the victim Richard E. Shotts. There is a dispute as to whether Mr. Troup gave the gun to [ Appellant] or [ Appellant] stole the weapon. This conflict is of no importance as [ Appellant] admits he possessed and fired the gun and the jury found him not guilty of the receiving stolen property charge related to the gun.
After leaving Mr. Troup's home [ Appellant] traveled to the home of another friend Jeffrey Faulk. He left Mr. Faulk's home and traveled to the marital residence. I n his possession he had the .45 caliber Colt handgun obtained from Mr. Troup and the 30.06 ...

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