Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Thomas v. Ferguson

United States District Court, E.D. Pennsylvania

May 31, 2018

KENNETH THOMAS, Petitioner,
v.
TAMMY FERGUSON, et al., Respondents.

          MEMORANDUM

          C. DARNELL JONES, II, J.

         Kenneth 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 Opp.])

         Upon 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.

         I. Background

         a. Underlying Facts

         On 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. Id.

         The 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.