Appeal from the Judgment of Sentence November 2, 2012 In the Court of Common Pleas of Lehigh County Criminal Division at No(s): CP-39-CR-0003221-2010
BEFORE: BENDER, P.J., OTT, J., and STRASSBURGER, J. [*]
Marc Anthony Arnold appeals from the judgment of sentence for third-degree murder imposed on him in the Court of Common Pleas of Lehigh County following his guilty plea and degree of guilt hearing. He received a sentence of 20 to 40 years' incarceration. In this timely appeal, Arnold claims there was insufficient evidence to prove third-degree murder in that there was no showing of malice. He also argues his sentence is manifestly excessive in that the trial court failed to consider certain mitigating factors. After a thorough review of the submissions by the parties, the certified record, and relevant law, we affirm.
We adopt the summary of the facts as stated by the trial judge in his Pa.R.A.P. 1925(a) opinion.
On April 7, 2010, Kevin Cobbs, Jr. was shot and killed inside Philly's Sports Bar in Allentown. Detective Eric Landis of the Allentown Police Department viewed security camera footage from the bar and identified [Arnold] as a suspect in the shooting.
The footage was from inside and outside of the bar and captures the actions of both [Arnold] and the victim on the night of the shooting.
At approximately 12:34 a.m., [Arnold] arrived at the bar in a vehicle along with three other individuals, identified as Francisco Torrellas, "Oz, " and "Jungle." The men entered the bar through the rear entrance, which led to the take-out area of the bar. Prior to entering the main bar area, [Arnold] stopped and began speaking with Mr. Cobbs. The two men, both members of the Bloods street gang, then exited the bar with a man identified as Dwight Boase. [Arnold] and Cobbs walked out into the parking lot and began arguing. Soon after, Jungle exited the bar and approached [Arnold] and Cobbs. Within one minute, Cobbs reached towards his waistband, at which point [Arnold] and Jungle grabbed Cobbs and struggled briefly. When this occurred, Mr. Boase pulled a handgun from his waist and approached the group. The struggle ended and [Arnold] and Cobbs continued arguing. During this time, Torrellas and Oz exited the bar. Eventually, [Arnold] walked away and towards the vehicle he arrived in. Cobbs, Boase, Torrellas, Oz and Jungle walked back towards the bar. [Arnold] walked to the vehicle he arrived in, retrieved a handgun from inside, and ran towards the bar.
Footage from inside the bar showed Mr. Cobbs and Mr. Boase walking through the entryway to the bar. Thereafter, [Arnold] followed, reached into the entryway with his gun, and fired toward Cobbs and Boase. Both men fled into the bar and continued running. [Arnold] reached into the doorway of the bar and continued firing. [Arnold] then fled the entryway and fired two more shots towards the bar, emptying the revolver.[Arnold] then entered the front passenger side of the vehicle he arrived in, and the vehicle drove away. Meanwhile, Mr. Cobbs ran into the bar's kitchen area where he collapsed, having been hit by one of the shots. Cobbs' cousin, Jamal Brown, removed a loaded .22 caliber revolver from Cobbs and discarded it into a trash can in the bar.
Trial Court Opinion, 3/14/2013, at 1-3 (internal footnote omitted).
After the shooting, Arnold fled to Virginia Beach, where he was apprehended on April 10, 2010. The murder weapon, a .357 caliber revolver, was in his possession at that time. Two detectives travelled to Virginia to interview Arnold. Arnold waived his right to remain silent and admitted shooting Cobbs. Arnold claimed he told Cobbs he wanted to quit the Bloods and Cobbs threatened both Arnold and his mother in response.
During the argument in the parking lot, Arnold told the detectives that Cobb had pulled a gun on him.
At the degree of guilt hearing, Arnold presented the testimony of Dr. Frank M. Dattilio, M.D. Dr. Dattilio is a clinical and forensic psychologist. Dr. Dattilio opined that Arnold, who had a long history of psychiatric problems that included diagnoses of ADD, bi-polar disorder, schizoaffective disorder with psychotic and paranoid symptomology, was acting under the influence of his psychological problems at the time of the crime. He opined that Arnold believed he and ...