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Commonwealth v. Miklos
Superior Court of Pennsylvania
April 17, 2017
COMMONWEALTH OF PENNSYLVANIA, Appellee
DAVID MIKLOS, Appellant
from the Judgment of Sentence April 20, 2015 in the Court of
Common Pleas of Allegheny Criminal Division at No(s):
BEFORE: OLSON, SOLANO, and STRASSBURGER, [*] JJ.
Miklos (Appellant) appeals nunc pro tunc from the
judgment of sentence entered April 20, 2015, after he was
found guilty of persons not to possess a firearm. We affirm.
trial court summarized the evidence offered at trial as
The Commonwealth called Officer Anthony Beatty to testify.
Officer Beatty has been employed by the City of Pittsburgh
Police, Zone 1, for over seven years. Zone 1 encompasses all
of the North Side, from the North Shore to Brighton Heights.
He was working as an officer on the night of February 10,
201 when he received a call to respond to the area of
Woodland Avenue at approximately 8:00 pm. Officer Beatty
responded to the area with his partner Officer Anthony
Rosato. The nature of the call was for shots fired and a man
shot. It took them under five minutes to arrive at the scene
where they observed a white male [later identified as Richard
Didonato (Victim)] laying [sic] on the sidewalk with
a gunshot wound to his chest area.  Detective Fallert was
also present and he started rendering first aid.
The two officers, Beatty and Fallert, conversed with [V]ictim
and Detective Fallert asked for a dying declaration to which
[V]ictim responded that the male that shot him was named
Dave. Officer Beatty was present for this declaration and
clearly heard all of it. Officer Beatty stayed with [V]ictim
until the medics arrived. As they were loading him onto the
stretcher, Officer Beatty observed a clear bag with pills
fall from [V]ictim's pocket and thereafter recovered
several more bags in the area containing pills. Officer
Beatty also recovered $757[.00] from [Victim's] pocket.
The Commonwealth additionally called Detective Scott Evans to
testify. Detective Evans is a detective with the Allegheny
County District Attorney's office. He has been employed
there for approximately four months and prior to that he was
a City of Pittsburgh detective and retired after twenty years
of service. He was assigned lead investigator of the shooting
death involving the [V]ictim. His supervisor called and asked
him to process the crime scene. He directly spoke with an
individual by the name of Helen Ohrman, nickname Angel.
Through Ms. Ohrman, Detective Evans learned that [Appellant],
David Miklos, was associated with the [V]ictim. [Appellant]
was eventually apprehended in March of 2014; he was arrested
by members of the Greater Pittsburgh Fugitive Task Force; he
was transported to police headquarters in custody; and he was
interviewed by Detective Evans that same day.
During the interview, [Appellant] referred to [V]ictim as
Rich and said he ha[d] known [Victim] for about a year. At
times, [Appellant] would purchase pills from [Victim] and
vice versa. At least initially, the purchase of pills was
arranged through [Ms. Ohrman]. Recent to this incident,
[Appellant] ran into [Victim] on the North Side and
personally got [Victim's] cell phone number and they
alone planned the transaction to occur on February 10, 2014.
According to what [Appellant] told Detective Evans, on
February 10, [V]ictim picked [Appellant] up on Woodland
Avenue and he told [V]ictim they had to go to somewhere else
to get the pills. [Appellant] then stated [V]ictim became
suspicious and pulled out a gun and ordered [Appellant] to
get out of the car and walk around to the driver's side.
[V]ictim then began to go through [Appellant's] pockets,
at which time [Appellant] grabbed for the gun and the two of
them were fighting for the gun, when it got twisted behind
[V]ictim's back and discharged.
[Appellant] told Detective Evans that he pulled [V]ictim out
from underneath the wheels of the car, picked up shell
casings, took about [$1, 100.00] from [V]ictim and got into
[V]ictim's car and drove away. [Appellant] told the
detective that he threw the firearm and shell casings over
the McKees Rocks Bridge.
Detective Fallert's testimony is entirely consistent with
the testimony of Officer Beatty and will not be duplicated
[Appellant] took the stand to testify on his own behalf.
[Appellant] admitted knowing the [V]ictim, through drug
interactions. The two men were introduced to each other by
[Ms. Ohrman]. [Appellant] has known [Ms. Ohrman] for
approximately four years and [Victim] for approximately four
months. [Appellant] and [V]ictim would buy and sell each
other oxycodone. [Appellant] got his pills from [a] valid
prescription, as well as from others he knew.
When [Appellant] had transactions with [V]ictim, he would
sell the [V]ictim forty to fifty pills, at $20.00 per pill,
or $800.00-$1, 000.00. [Appellant] would only buy pills from
[V]ictim if he ran out or someone else wanted them. According
to [Appellant], it was mostly [V]ictim [who] bought pills
from him and [Appellant] only bought a few from [V]ictim.
[Appellant] admitted he had gotten [V]ictim's cell phone
number approximately one month before this incident. And
although the normal go between was [Ms. Ohrman], the last few
transactions had no middle man.
The night before this incident, [Appellant] told [V]ictim
that there would [be] pills available from somebody else the
next day and [V]ictim said he would want some. [Appellant]
told him to call tomorrow. [Appellant] told [V]ictim to pick
him up on Woodland Avenue at 8:00[p.m.]. It was cold and
snowy that night as [V]ictim pulled up with the driver's
side closest to the curb. [Appellant] got into the front
passenger seat and told [V]ictim they had to go down the
street to get the pills. [V]ictim became mad because
[Appellant] did not have them on him. [Appellant] did not
think it was a big deal, but [V]ictim started saying
"[t]his is bullshit" and produced a handgun with
his left hand. This was the first time [Appellant] had to go
somewhere else to get pills for [V]ictim.
After [V]ictim pulled out the gun, he ordered [Appellant] to
get out of the car and directed him to come to the other
side. When [Appellant] arrived on the other side, [V]ictim
was still pointing the gun at him and [Appellant] was very
surprised as [V]ictim never had a gun before. [V]ictim was
standing by the driver's door when [Appellant] approached
him. [V]ictim then reached his left hand into
[Appellant's] pocket, as the gun was now in his right
hand, and found nothing there. [V]ictim ...
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