from the Judgment of Sentence of October 21, 2015 In the
Court of Common Pleas of Allegheny County Criminal Division
at No(s): CP-02-CR-0012979-2014
D. Seletyn, Esq.
BEFORE: BOWES, OLSON and STRASSBURGER, [*] JJ.
Jacob Allen Yockey, appeals from the judgment of sentence
entered on October 21, 2015, as made final by the denial of
Appellant's post-sentence motion on December 17, 2015. We
Commonwealth charged Appellant with involuntary deviate
sexual intercourse ("IDSI"), unlawful contact with
a minor, corruption of minors, and two counts of indecent
assault; the charges arose out of Appellant's
repeated sexual abuse of a minor male victim (herein
identified as "the Victim"), when the Victim was 14
and 15 years old. Commonwealth's Information, 10/17/14,
case proceeded to a jury trial. During trial, the Victim
testified that Appellant first abused him on May 31, 2013,
which was the night before the wedding between Appellant and
the Victim's cousin, JY. N.T. Trial, 7/14/15, at 38-39.
As the Victim testified, he was asked to be a groomsman in
Appellant's June 1, 2013 wedding to JY and, on the night
before the wedding, the Victim slept over at the house that
belonged to Appellant and JY. Id. at 38. Also
sleeping in the house that night were the other groomsmen and
Appellant; JY was not present that night, as she was with her
bridesmaids at a bridal party. Id. The Victim
Everyone basically was up for a while and went to sleep.
There was nowhere else to sleep. It was a relatively small
house. So I just slept in the same bed with [Appellant]
because I knew him obviously and then like toward the middle
of the night he woke me up and asked to show me something.
... I said, "What?" And he said to take off my
pants. And I got very nervous and very scared and my mind
went blank. I just did it and he started touching me.
Id. at 38-39. According to the Victim, Appellant
touched the Victim's penis with his hand until the Victim
ejaculated; after the Victim ejaculated, Appellant touched
himself until he also ejaculated. Id. at 39-40.
Afterwards, Appellant told the Victim "don't tell
anyone" and that "it was normal." Id.
Victim recalled that Appellant next molested him "a few
months later, " inside of Appellant and JY's house.
According to the Victim:
I was getting ready to go into the shower and [Appellant]
came in and all I had was my underwear on and he picked me up
and threw me onto his bed and started wrestling with me. And
he took my underwear and said, "If you want to win the
underwear back, you have to win the game."
I didn't know what the game was or how to win. I just
kept trying to get my underwear back and I grew tired and he
started touching me.
Id. at 42. The Victim testified that Appellant again
touched him on his penis. Id. The Victim testified:
"I just continued to be really scared, but then he took
off his clothes and pulled my hand to touch him. . . .
[Appellant] kept holding my hand [on Appellant's penis]
and holding it up and down until he ejaculated."
Id. After this occurred, Appellant again told the
Victim "don't tell anyone." Id. at 43.
third occurrence of sexual abuse happened in the following
The next incident was another one where we were, like,
... It was just like it sort of started about the same way
where I was getting ready to do something. He would pick me
up and continue to take my clothes off and I would just not
know what to do - be doing. I was like scared almost, but
because I didn't know what was going to happen afterward,
but he just continued to touch me and I got very nervous,
almost shut down.
Id. at 43-44. The Victim testified that Appellant
again touched "on my private area" and again told
the Victim "don't tell anyone." Id. at
respect to the fourth time that Appellant molested the
Victim, the Victim testified:
There was another incident where I was getting ready to go to
work. At the time I worked in Wilkinsburg and [Appellant]
offered to give me a ride, but the only way I would get a
ride there was if I were to spend the night at his house and
I was very reluctant to go to his house. But I though [JY]
would be there, but she was not.
And when I went there everything was fine at night, but in
the morning right around the time when I woke up he just
started wrestling with me again and he started to take my
clothes off, but I just kept trying to push him away and he
wasn't moving and he started tickling me and I sort of
grew weaker and I just fell limp.
I kept saying stop and no and no and no, but he just kept
going. ... He just continued to touch me and I just felt so
weak. I just went blank for a while and he continued to touch
me and touch me and I just got sick again and he drove me to
Id. at 44-45. As the Victim later specified, during
this time Appellant touched the Victim on the Victim's
"privates." Id. at 45.
final act of molestation occurred over Labor Day weekend of
2014. The Victim testified:
I was, again, over at their house and also I did think [JY]
would be there, but she was not. I went to bed[, wearing
pajama pants and underwear]. Nothing happened. But as I was
starting to wake up, I saw this object under the covers and I
was wondering what it was. At first I thought it was the cat
and then I realized it was too big to be a cat. Then I
thought it was a pillow and it was moving ... up and down.
Id. at 45-46. As the Victim testified, when he saw
the movement underneath the covers, he felt "like a
scratching between [his] legs" and a wetness on his
"private parts." Id. The Victim testified
that the object then "disappeared." Id.
However, when the Victim fully woke, he realized that he was
naked - even though he was wearing "black pajama pants
with underwear underneath" when he went to sleep.
I was very in shock so I went to the bathroom and did what I
normally do, which is run my hands under scalding hot water.
And I was very reluctant to talk about it, but I asked
[Appellant] about it and he said he was asleep the whole time
and had no idea what I was talking about.
Id. at 46-47.
the Victim testified, he knew that Appellant was underneath
his covers because "there [were] no other moving objects
in that house besides the cats and [Appellant]" and the
object was "too big to be a cat." Id. at
47. The Victim also testified that the "wetness" he
felt was Appellant's mouth around his penis. Id.
week after the fifth act of molestation occurred, the Victim
told his mother what had happened and the Victim's mother
informed the police. Id. at 50.
Commonwealth presented testimony from the Victim's mother
and JY and rested its case. Appellant then presented
testimony from Russell Brown, Justin Mclntyre, Juan Ortiz,
and Christopher Johns - all of whom were groomsmen at
Appellant's July 1, 2013 wedding and all of whom slept
over at Appellant's house on the night before the
wedding, when, the Victim testified, Appellant first abused
him. Each groomsman testified that: on the night before the
wedding, they met at a rehearsal dinner; after the dinner,
Appellant and the groomsmen (including the Victim) went back
to Appellant's house; Appellant, the Victim, and the
groomsmen slept over at Appellant's house that night;
and, Appellant, the Victim, and the groomsmen were the only
individuals in Appellant's house that night. However,
some of the groomsmen offered slightly different testimony
about what occurred at Appellant's house and where the
Brown testified that, when everyone went back to
Appellant's house, they "just watched a movie [and]
played some video games." N.T. Trial, 7/15/15, at 117.
Mr. Brown testified that, after Juan Ortiz went to bed in the
basement, "everybody else went upstairs" and went
to bed. Id. at 125. According to Mr. Brown: he slept
in the living room; Justin Mclntyre and Chris Johns also
slept in the living room; Juan Ortiz slept in the basement;
Appellant slept in the master bedroom; and, the Victim slept
in the separate, guest room. Id. at 118-119.
According to Mr. Brown: he saw the Victim enter the guest
room to go to sleep; he saw the Victim close the door to the
guest room; he saw Appellant go into the master bedroom to
sleep; he awoke once in the middle of the night to go to the
bathroom and saw Appellant's bedroom door open and the
guest room door closed; he never heard any noise coming from
Appellant's bedroom during the night; and, when everyone
awoke in the morning, the Victim did not appear to be
"distressed" or "unnerved." Id.
Mclntyre testified next. As Mr. Mclntyre testified, on the
night before the wedding, Appellant and the groomsmen arrived
at Appellant's house and everyone played the videogame
"Mario Party" in the living room. Id. at
139 and 148. Mr. Mclntyre testified that, after they finished
playing the videogame, everyone went to sleep. According to
Mr. Mclntyre: he slept on the floor in the living room; Chris
Johns and Russell Brown also slept in the living room; he saw
the Victim enter the guest room; and, after he saw the Victim
go into the guest room, he saw Appellant enter the master
bedroom. Id. at 139-140 and 152.
the Commonwealth's cross-examination of Mr. Mclntyre, the
following questions, testimony, objection, and exchanges
Q: What games were you playing?
A: Mario Party.
Q: Who is all playing these games? Was everybody playing
A: Yes, sir.
Q: Did you watch a movie?
A: I don't remember.
Q: You don't remember if you watched a movie?
A: I don't think I watched a movie.
Q: Okay. If I told you that Russell [Brown] said that you
watched a movie, would he be ...