United States District Court, E.D. Pennsylvania
DARNELL JONES, II, J.
Thomas (“Petitioner”) filed pro se objections,
(ECF No. 19 [hereinafter Objs.]), to the Report and
Recommendation (“R&R”) of the Honorable
Marilyn Heffley, United States Magistrate Judge. (ECF No. 16
[hereinafter R&R].) The Government
(“Respondents”) filed a response in opposition to
Petitioner's Objs.. (ECF No. 23 [hereinafter Resp. in
consideration of Petitioner's Petition, (ECF No. 1-1
[hereinafter Pet.]), Respondents' Response thereto, (ECF
No. 15 [hereinafter Resp.]), and the full record, the Court
overrules Petitioner's objections, adopts and affirms the
R&R, and denies Petitioner's Petition for Writ of
Habeas Corpus filed pursuant to 28 U.S.C. § 2254.
December 13, 2006, the Honorable Jeffrey P. Minehart of the
Philadelphia Court of Common Pleas convicted Petitioner of
the following offenses: third-degree murder, carrying a
firearm without a license, and possession of an instrument of
crime. Com. v.Thomas, No. CP-51-CR-0904651-2005 (Pa.
Ct. Com. Pl. Phila. Cnty. Mar. 6, 2008). On March 28, 2007,
the Honorable Jeffrey P. Minehart sentenced Petitioner to an
aggregate term of twenty to forty years' imprisonment.
Magistrate Court adopted the recitation of facts contained in
the Philadelphia Court of Common Pleas' Opinion, to which
Petitioner filed no objection. As such, and for the sake of
clarity, this Court adopts the following:
On June 16, 2005, at about 2:00 a.m., Philadelphia Police
Officer Stephen Johncola received a radio call that directed
him to go to the 500 block of East Allegheny Avenue in
Philadelphia to investigate a report of a shooting. The
officer, together with his partner, an Officer Green,
immediately proceeded to that location where he observed a
male, later identified as Keith Raney, laying on the
sidewalk. Mr. Raney who was conscious and had blood on his
shirt, told Officer [Johncola] that he had been shot on E
Street by a male named Kenny who lived on Hurley Street. Mr.
Raney then lost consciousness. He was taken by rescue squad
to a nearby hospital where he subsequently died.
An autopsy was performed on the body of Mr. Raney on June 17,
2005. It revealed that Mr. Raney died as a result of having
been shot multiple times.
Just prior to the shooting, Mr. Robert Eury was walking to a
Chinese takeout restaurant located near his home. As he was
proceeding to the restaurant he heard a gunshot and then saw
Mr. Raney who, had been running, fall to the ground. The
defendant immediately drove up in a white car, got out of it,
and approached Mr. Raney who was laying facedown on the
pavement. As the defendant was standing over Mr. Raney, Mr.
Eury heard three or more gunshots.
Following the shooting, Mr. Eury returned home. The police
came to his residence shortly thereafter and took him to
police headquarters. Once there, Mr. Eury gave police a
statement and had him look at the photographs. He identified
a photograph depicting the defendant.
Mr. Shanon Shields also was present in the area when the
shooting occurred. According to Mr. Shields, he was near the
corner of Allegheny Avenue and Hartville Street when he heard
gunfire and then saw Mr. Raney run by him. Mr. Raney was
stumbling and had blood visible on his clothing. Raney
continued running and stumbling for approximately a half of a
block at which time Mr. Shields saw a white car being driven
by the defendant drive by, and make a U- turn, Mr. Shields
then heard a gunshot and saw Mr. Raney stumble and fall.
Raney, however, got up and again began stumbling up the
street. Mr. Shields went home after witnessing this incident.
On June 22, 2005, Mr. Shields was interviewed by police.
During the interview he identified a photograph of the
defendant driving the white car the night of the incident. An
arrest warrant was issued for the defendant on June 25, 2005.
He was arrested on June 27, 2005. After he was arrested, the
defendant supplied the police with biographical ...