J-S27005-19
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
ALEXANDER BRANDO HRIBAL :
:
Appellant : No. 697 WDA 2018
Appeal from the Judgment of Sentence January 22, 2018
In the Court of Common Pleas of Westmoreland County Criminal Division
at No(s): CP-65-CR-0002394-2014
BEFORE: OLSON, J., OTT, J., and COLINS*, J.
MEMORANDUM BY OLSON, J.: FILED OCTOBER 23, 2019
Appellant, Alexander Brando Hribal, appeals from the judgment of
sentence entered on January 22, 2018 following his open guilty plea to 43
criminal charges related to a stabbing incident at Franklin Regional High
School in Westmoreland County, Pennsylvania wherein 19 students and a
security guard were injured. Upon careful review, we affirm.
The trial court summarized the facts of this case as follows:
The instant case arises out of a multiple victim stabbing incident
at Franklin Regional High School on April 9, 2014. The
Commonwealth allege[d] that [Appellant] brought two
eight[-]inch butcher knives into the school which he used to stab
and slash students. [Appellant] then set off the fire alarm causing
students to exit rooms on the first and second floors of the
Franklin Regional High School and continued to randomly strike
students. A total of 19 students were injured, some of the injuries
[were] life[-]threatening. [Appellant] attempted to stab [one]
student, Brett Faiola; however, Mr. Faiola blocked the knife with
his book bag at that time and was not wounded. In addition to
the 19 students stabbed, [Appellant] also stabbed Sergeant John
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* Retired Senior Judge assigned to the Superior Court.
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Resetar, who was a security guard at Franklin Regional High
School, while he was trying to intervene. [Appellant] was
ultimately apprehended by Sam King, one of the assistant high
school principals. When Mr. King told [Appellant] to drop the
knives, [Appellant] said, “I’m not going to drop the knives. My
work here isn’t finished. There’s more people to kill.” At this time,
Joan Mellon, another assistant principal at Franklin Regional High
School removed the knives from [Appellant’s] hands, and
Murrysville Police Officer, William Yashke arrived and handcuffed
[Appellant].
* * *
During the [subsequent] investigation, investigators obtained a
search warrant to search [Appellant’s] locker. The investigators
discovered a statement titled “RAGNOROK” purportedly written
and signed by [Appellant] and dated April 6, 2014. In the
statement, [Appellant] declared his admiration for Dylan Klebold
and Eric Harris who were responsible for killing 12 fellow students
and one teacher and injuring 21 others at Columbine High School
in Columbine, Colorado on April 20, 1999. The [statement]
includes what could be described as an explicit plan to carry out
the attack on the anniversary of the Columbine killings; however,
since his school was closed on that day, he rescheduled the attack
for April 9, 2012, the day of Eric Harris’ birthday. In the
statement, [Appellant] wrote, “I can’t wait to see the priceless and
helpless looks on the faces of the students of one of the ‘best
schools in Pennsylvania’ realize their precious lives are going to
be taken by the only one among them that isn’t a plebian.”
Trial Court Opinion, 5/9/2016, at 4-5 (record citations omitted).
On April 25, 2014, the Commonwealth charged Appellant as an adult1
with 21 counts of attempted homicide, 21 counts of aggravated assault, and
one count of possession of a weapon on school property. 2 On March 12, 2015,
Appellant filed an omnibus pre-trial motion seeking, inter alia, decertification
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1 Appellant was 16 years old at the time of the attack.
2 18 Pa.C.S.A. §§ 2502/901, 2702, and 912, respectively.
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and transfer of his case to juvenile court. The trial court held decertification
hearings on June 22, 2015 and November 24, 2015. By opinion and order
entered on May 9, 2016, the trial court denied decertification to juvenile court.
On July 29, 2016, Appellant filed a motion to change his plea from not
guilty to guilty but mentally ill. On November 21, 2016, the trial court
conducted a hearing wherein Appellant presented the testimony of three
mental health experts and the Commonwealth presented one mental health
expert. The trial court denied relief regarding Appellant’s request to plead
guilty but mentally ill by order and opinion entered on February 2, 2017.
On October 24, 2017, Appellant entered a general guilty plea to the
criminal charges filed against him, but left his sentence open for the trial court
to decide. The trial court scheduled sentencing and ordered a pre-sentence
investigation (PSI) report. On January 22, 2018, the trial court sentenced
Appellant to an aggregate term of 23½ to 60 years of imprisonment. This
timely appeal followed.3
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3 Appellant filed a timely post-sentence motion on February 1, 2018, seeking
modification of his sentence. The trial court denied relief on April 27, 2018.
On May 3, 2018, Appellant filed a notice of appeal. The trial court entered an
order on May 11, 2018, directing Appellant to file a concise statement of errors
complained of on appeal pursuant to Pa.R.A.P. 1925(b). After receiving an
extension of time from the trial court, Appellant complied timely. The trial
court subsequently issued an opinion pursuant to Pa.R.A.P. 1925(a) on July
19, 2018. In that opinion, the trial court also relied upon its earlier opinions
issued on May 9, 2016 and February 2, 2017 as additional rationale for
denying Appellant relief.
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On appeal, Appellant presents three issues4 for our review:
1. Whether the trial court erred in [] failing to grant [Appellant’s]
petition for decertification to the Juvenile Division?
2. Whether the trial court erred in failing to grant [Appellant’s]
motion to change [his] plea to guilty but mentally ill where the
evidence presented clearly supported the motion and a plea of
guilty but mentally ill.
3. Whether the trial court abused its discretion in imposing on
[Appellant] an aggregate sentence of 23½ [] years to 60 years
[of imprisonment] which sentence is excessive and unduly
harsh.
Appellant’s Brief at 4 (superfluous capitalization omitted; issue numbers
added).
In his first issue presented, Appellant argues that the trial court abused
its discretion by denying his decertification petition requesting transfer from
criminal court to juvenile court pursuant to 42 Pa.C.S.A. § 6322. Id. at 12-25.
He claims that he met his burden of proving by a preponderance of the
evidence that the public interest was served by the transfer. Id. at 13.
Appellant asserts that the trial court placed undue emphasis on the impact of
the offenses on the victims and the community without giving meaningful
consideration to the remaining factors under Section 6322. Id. at 13 and 24.
More specifically, Appellant contends that the “community is working its way
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4 Appellant included a fourth issue in the statement of questions involved
section of his appellate brief, but abandoned that claim later in his argument.
See Appellant’s Brief at 4 and 33. We will not address it. See
Commonwealth v. Heggins, 809 A.2d 908, 912 n.2 (Pa. Super. 2002)
(“[A]n issue identified on appeal but not developed in the appellant's brief is
abandoned and, therefore, waived.”).
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through the incident and has, for the most part, moved on from the incident.”
Id. at 18. Appellant argues that based upon “the intense therapeutic regimen
that [he has] participated in,” he is not a future threat to public safety. Id.
In sum, Appellant posits that “[a]ll of the defense mental health professionals
found that after examination and treatment of [Appellant], that he [] was
amenable to treatment in the juvenile justice system and that he and society
would be better served by his rehabilitation in the juvenile justice system.”
Id. at 24.
This Court has previously determined:
The Juvenile Act, 42 Pa.C.S.A. § 6301 et seq., is designed to
effectuate the protection of the public by providing children who
commit ‘delinquent acts’ with supervision, rehabilitation, and care
while promoting responsibility and the ability to become a
productive member of the community. 42 Pa.C.S.A. § 6301(b)(2).
The Juvenile Act defines a ‘child’ as a person who is under eighteen
years of age. 42 Pa.C.S.A. § 6302. Typically, most crimes
involving juveniles are tried in the juvenile court of the Court of
Common Pleas.
Our legislature, however, has deemed some crimes so heinous
that they are excluded from the definition of ‘a delinquent act.’
Pursuant to 42 Pa.C.S.A. § 6322(a) and § 6355(e), when a
juvenile is charged with a crime, including murder or any of the
other offenses excluded from the definition of ‘delinquent act’ in
42 Pa.C.S.A. § 6302, the criminal division of the Court of Common
Pleas is vested with jurisdiction. See 42 Pa.C.S.A. § 6302[.5]
When a case involving a juvenile goes directly to the criminal
division, the juvenile can request treatment within the juvenile
____________________________________________
5In this case, there is no dispute that the Commonwealth charged Appellant,
who was 16 years old at the time of the incident, with multiple counts of
attempted murder and aggravated assault, while using a deadly weapon.
Those acts are excluded from the definition of delinquent act. See Pa.C.S.A.
§§ 6302(2)(ii)(C) and 6302(2)(ii)(I).
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system through a transfer process called ‘decertification.’ To
obtain decertification, it is the juvenile's burden to prove, by a
preponderance of the evidence, that transfer to the juvenile court
system best serves the public interest. 42 Pa.C.S.A. § 6322(a).
Pursuant to § 6322(a), the decertification court shall consider the
factors contained in § 6355(a)(4)(iii) in determining whether the
child has established that the transfer will serve the public
interest. These factors are as follows:
(A) the impact of the offense on the victim or victims;
(B) the impact of the offense on the community;
(C) the threat to the safety of the public or any individual
posed by the child;
(D) the nature and circumstances of the offense allegedly
committed by the child;
(E) the degree of the child's culpability;
(F) the adequacy and duration of dispositional alternatives
available under this chapter and in the adult criminal justice
system; and
(G) whether the child is amenable to treatment, supervision
or rehabilitation as a juvenile by considering the following
factors:
(I) age;
(II) mental capacity;
(III) maturity;
(IV) the degree of criminal sophistication exhibited by the
child;
(V) previous records, if any;
(VI) the nature and extent of any prior delinquent
history, including the success or failure of any previous
attempts by the juvenile court to rehabilitate the child;
(VII) whether the child can be rehabilitated prior to the
expiration of the juvenile court jurisdiction;
(VIII) probation or institutional reports, if any;
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(IX) any other relevant factors[.]
42 Pa.C.S.A. § 6355(a)(4)(iii).
While the Juvenile Act requires that a decertification court
consider all of these factors, it is silent as to the weight
assessed to each by the court. However, ‘[w]hen a juvenile
seeks to have his case transferred from the criminal division
to the juvenile division, he must show that he is in need of
and amenable to treatment, supervision or rehabilitation in
the juvenile system.’ If the evidence presented fails to
establish that the youth would benefit from the special
features and programs of the juvenile system and there is
no special reason for sparing the youth from adult
prosecution, the petition must be denied and jurisdiction
remains with the criminal division.
The ultimate decision of whether to certify a minor to stand
trial as an adult is within the sole discretion of a
decertification court. This Court will not overturn a decision
to grant or deny decertification absent a gross abuse of
discretion. An abuse of discretion is not merely an error of
judgment but involves the misapplication or overriding of
the law or the exercise of a manifestly unreasonable
judgment based upon partiality, prejudice or ill will.
Commonwealth v. Thomas, 67 A.3d 838, 841–843 (Pa. Super. 2013) (case
citation and original footnote omitted). “As an appellate court, we are unable
to usurp a trial court's credibility determinations.” Commonwealth v.
Ramos, 920 A.2d 1253, 1260 (Pa. Super. 2007) (citation omitted).
In its opinion regarding decertification, the trial court considered each
of the factors set forth at 42 Pa.C.S.A. § 6355(a)(4)(iii) in relation to the facts
of this case. Regarding the impact the offenses had on the victims, the trial
court heard testimony from six Franklin Regional High School students, five of
whom received injuries. Trial Court Opinion, 5/9/2016, at 6. Two of the
testifying students required over a month of hospitalization and numerous
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surgeries. Id. 6-8. There was testimony that the majority of the witnesses
had subsequent flashbacks, nightmares, and Post-Traumatic Stress Disorder
(PTSD), which required intensive counseling and therapy. Id. The trial court
found “that the testimony of the witnesses and the nature of the injuries [],
clearly rise to the level of having significant, life[-]changing impact on the
victims.” Id. at 8.
Regarding the impact on the community, the trial court heard testimony
from four Franklin Regional High School staff members, a student who
witnessed her brother’s stabbing, and a victim’s parent. Id. at 9-10. The trial
court heard testimony that, when returning to school following the incident,
teachers and students remained traumatized daily by triggering sounds and
the sight of knives. Id. Despite therapy, witnesses to the crimes still
experienced flashbacks and nightmares. Id. As a result, the trial court
determined that while “the students and staff are making significant
progress[,] many individuals are still coping with the events that occurred on
April 9, 2014.” Id. at 10-11. Moreover, the trial court determined that the
alleged crimes affected the community as a whole because “expectations of
safety in schools and homes were significantly impacted[.]” Id. at 11.
The trial court next addressed the threat to the safety of the public,
nature and circumstances of the alleged offenses, and the degree of the child’s
culpability. Id. at 11-13. More specifically, the trial court determined:
[…Appellant’s] actions of taking two kitchen knives and bringing
them to school without anyone noticing, pulling the fire alarm so
there would be more potential victims available to him, indicating
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that ‘he has more people to kill,’ resisting apprehension, and
writing the statement titled ‘RAGNOROK,’ [Appellant] displayed a
level of sophistication in carrying out these acts. The [trial c]ourt
[found] that [Appellant] created a specific plan to harm as many
people as possible and had the motivation and capability to
execute that plan. The crimes were unprovoked, and [Appellant]
knew several of the students since elementary school.
Additionally, [Appellant’s] own words and actions signif[ied] that
[Appellant] not only intended to wound others, but wished to kill
as many people as possible. The [trial c]ourt reviewed the
[statement] entitled ‘RAGNOROK,’ found in [Appellant’s] school
locker which had been written by [Appellant]. The [trial c]ourt
believe[d] that this letter could be interpreted as evidence of
[Appellant’s] sophisticated and well thought plan to injure and/or
cause the death of many individuals.
Id. at 12-13.
Furthermore, the trial court examined the adequacy and duration of
dispositional alternatives and whether Appellant was amenable to treatment,
supervision or rehabilitation in the juvenile system. The trial court heard
testimony from the unit manager of State Correctional Institution (SCI) Pine
Grove who testified that SCI Pine Grove has a program for young offenders,
under the age of 22, prosecuted as adults, and the trial court found it to be
“an adequate dispositional alternative in the adult criminal justice system.”
Id. at 13-14. The trial court also heard testimony from four mental health
experts,6 but the trial court found the Commonwealth’s expert, Dr. Bruce
Wright, to be credible. Dr. Wright testified that he could not say with any
degree of medical certainty that Appellant was amenable to treatment or could
____________________________________________
6Appellant presented testimony from Dr. Alan Axelson, Dr. Christine Martone,
and Dr. Bruce Chambers. The Commonwealth presented testimony from Dr.
Bruce Wright.
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be rehabilitated in the juvenile system because despite intensive therapy,
Appellant continued to have episodes of depression, problems with
interpersonal relationships, and suicidal and homicidal ideations. Id. at
16-17.
The trial court ultimately concluded:
Simply put, [the trial c]ourt [found] that the risk of [Appellant’s]
relapse, potential for re-offending in a similar manner, now, or
upon his release at age 21, and many unknown and unpredictable
psychological/psychiatric factors, to outweigh the likelihood that
[Appellant’s] re-entry into our community would be safe and of no
concern to the community. This is not to detract from any
progress [Appellant] has made while he has been intensively
counseled by his team of psychiatrists and psychologists while in
the custody of the Westmoreland County Detention Center and
the Westmoreland County Prison. The [trial c]ourt believe[d] that
[Appellant] received intensive and highly professional care while
in custody. [That] progress, however measured, and regardless of
prognosis, [did] not quell what the [trial c]ourt view[ed] as a real
and serious risk to the community as a whole, if [Appellant were]
released from custody upon reaching his 21 st birthday, which
would necessarily occur [following] decertif[ication.]
Upon review of the factors contained in 42 Pa.C.S.A.
§ 6355(a)(4)(iii), the [trial c]ourt [found] that [Appellant had] not
established by a preponderance of the evidence that the transfer
of his case [would] serve the public interest. Furthermore, the
[trial c]ourt [found] that the juvenile system [could not]
adequately address the myriad of concerns expressed by the
Commonwealth’s expert[, Dr. Wright,] within the remaining time
leading up to [Appellant’s] 21st birthday.
Id. at 17.
Upon review, we discern no abuse of discretion in denying
decertification. Initially, we reject Appellant’s contention that the trial court
did not adequately examine all of the factors under Section 6322. As set forth
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above, the trial court addressed each factor individually. Moreover, the trial
court was permitted to view the impact of the crimes on the victims and the
community as the most significant factors in denying a transfer to juvenile
court, as the Juvenile Act is silent as to the weight to be assigned by the court
as to each Section 632 factor. Additionally, the trial court found the
Commonwealth’s expert credible and endorsed his opinion that the juvenile
system could not rehabilitate Appellant before his anticipated release upon
turning 21 years of age. The record supports that conclusion and we will not
usurp that determination. Based upon our standard of review, we discern no
abuse of discretion and conclude that the trial court properly denied
decertification to juvenile court. Accordingly, Appellant’s first issue lacks
merit.
In his second issue presented, Appellant argues that the trial court erred
by failing to grant his motion to change his plea to guilty but mentally ill.
Appellant’s Brief at 25-28. In support of this argument, Appellant posits, in
sum:
On November 21, 2016, the [trial c]ourt conducted a [m]ental
[i]llness [h]earing [at which Appellant] presented testimony from
Dr. Alan Axelson, M.D., Dr. Christine Martone, M.D., and Dr. Bruce
Chambers, Ph.D.
Dr. Axelson testified at the hearing that he had diagnosed
[Appellant] with a depressive disorder with psychotic features,
possible early onset schizophrenia and schizotypal personality
disorder traits which he considered ‘very serious mental illness.’
Axelson also testified that[,] at the time of the incident in April
2014[, Appellant] knew the difference between right and wrong,
but that, in his opinion, [Appellant] was mentally ill and not able
to appreciate the consequences of his actions.
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Dr. Martone testified at the hearing that she had diagnosed
[Appellant] and that on the date of the incident [Appellant] was
not legally insane[,] but mentally ill and not able to appreciate the
wrongfulness of his conduct or to conform his conduct to the
requirements of the law.
Dr. Bruce Chambers testified that he administered a
[psychological test called the Minnesota Multiphasic Personality
Inventory (MMPI)] on his first interview with [Appellant] on April
14, 2014 and that the results of the test clearly showed that
[Appellant] was suffering from severe mental illness which he
diagnosed as psychotic depression and/or prodromal
schizophrenia. In his final report[,] Dr. Chambers indicated that
from his history, mental status evaluation and psychological
testing results, it was evident that [Appellant] was suffering from
a mental illness which significantly impaired his ability to conform
to the law at the time of the incident.
[…T]he Commonwealth presented testimony, in opposition to
[Appellant’s] motion [to change his plea to guilty but mentally ill],
from Dr. Bruce Wright. Wright opined that although [Appellant]
had a psychiatric illness, the psychiatric illness did not cause him
to substantially lack the capacity to conform his behavior to the
requirements of the law nor did it affect the ability to conform his
behavior in any respect over the half a year or longer prior to the
incident [in] April 2014.
A full analysis of the evidence presented by the defense confirmed
unequivocally that at the time of the incident in April 2014,
[Appellant] was mentally ill and lacked the capacity to conform his
behavior to the requirements of the law or to appreciate the
wrongfulness of his conduct. Accordingly, [Appellant] requests
that this [] Court find that the [trial] court abused its discretion in
denying his [motion to change his plea to guilty but mentally ill]
and order the matter returned to the [trial c]ourt for proceedings
consistent with the entry of a [g]uilty [b]ut [m]entally [i]ll plea.
Appellant’s Brief at 27-28.
The statutory provision governing the “guilty but mentally ill” defense
provides, in relevant part:
§ 314. Guilty but mentally ill
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(a) General rule.—A person who timely offers a defense of
insanity in accordance with the Rules of Criminal Procedure may
be found “guilty but mentally ill” at trial if the trier of facts finds,
beyond a reasonable doubt, that the person is guilty of an offense,
was mentally ill at the time of the commission of the offense and
was not legally insane at the time of the commission of the
offense.
(b) Plea of guilty but mentally ill.—A person who waives his
right to trial may plead guilty but mentally ill. No plea of guilty but
mentally ill may be accepted by the trial judge until he has
examined all reports prepared pursuant to the Rules of Criminal
Procedure, has held a hearing on the sole issue of the defendant's
mental illness at which either party may present evidence and is
satisfied that the defendant was mentally ill at the time of the
offense to which the plea is entered. If the trial judge refuses to
accept a plea of guilty but mentally ill, the defendant shall be
permitted to withdraw his plea. A defendant whose plea is not
accepted by the court shall be entitled to a jury trial, except that
if a defendant subsequently waives his right to a jury trial, the
judge who presided at the hearing on mental illness shall not
preside at the trial.
(c) Definitions.—For the purposes of this section and 42
Pa.C.S.A. § 9727 (relating to disposition of persons found guilty
but mentally ill):
(1) “Mentally ill.” One who as a result of mental disease or
defect, lacks substantial capacity either to appreciate the
wrongfulness of his conduct or to conform his conduct to the
requirements of the law.
* * *
18 Pa.C.S.A. § 314.
In examining the trial court’s decision, we employ a de novo standard
of review for an error of law and our scope of review is plenary. In re Miles,
170 A.3d 530, 534 (Pa. Super. 2017); Commonwealth v. Rabold, 951 A.2d
329, 340 (Pa. 2008).
Furthermore, we have stated:
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[T]he “guilty but mentally ill” law and the diminished capacity
standard, like the insanity defense, place great burdens on the
trier of fact. Unlike the “reasonable man” standard in negligence
law which asks the factfinder to compare a defendant's behavior
with the usual or proper societal behavior, these ask the factfinder
to look into the psyche of the defendant and discern its innermost
workings. It is a most difficult assignment. As an appellate court
with only the cold, lifeless record to guide us, we naturally defer
to the trier of fact who heard the witness' tone of voice, saw their
facial expressions and presumably caught the [proceeding’s]
subtleties-all of which may be lost in the written word.
Commonwealth v. Cain, 503 A.2d 959, 971 (Pa. Super. 1986). “It is solely
the province of the trier of fact to pass upon the credibility of witnesses and
to give it such weight as may be accorded to the evidence therein produced.
The factfinder is free to believe all, part or none of the evidence.”
Commonwealth v. Shaver, 460 A.2d 742, 745 (Pa. 1983) (hearing judge
sitting as the trier of fact found the psychiatrist's testimony was too “vague,
evasive and equivocal”).
In this case, the trial court determined:
Upon a review of the [m]ental [i]llness [h]earing transcript, the
professional reports prepared by the expert witnesses, and the
briefs submitted by the parties, [the trial c]ourt [was] of the
opinion that although [Appellant] may have suffered from a
psychotic illness, his illness did not cause him to substantially lack
the capacity to appreciate the wrongfulness of his conduct or
conform his behavior to the requirements of law on April 9, 2014
for the following reasons:
First, the [trial c]ourt [found] that [Appellant’s] planning and
preparation leading up to the April 9, 2014 incident can clearly be
interpreted as evidence that [Appellant] had the substantial
capacity to appreciate the wrongfulness of his conduct and
conform his behavior to the law. A review of the testimony and
the reports prepared by the mental health professionals, reveals
that [Appellant] first began planning for this event in September
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of 2013 when he researched indirect suicide and became familiar
with the Columbine tragedy. Next, [Appellant] selected a
significant date to carry out the attack. He had originally planned
to carry out the attack on the anniversary of the Columbine
killings; however, since [Franklin Regional High School] was
closed that day, he rescheduled the attack for April 9, 2014, the
day of Eric Harris’ birthday.[7] Prior to the incident, [Appellant]
wrote a statement titled RAGNAROK in which he referred to the
attack as a “violent action,” “monstrosity,” and “crime.” In the
statement, [Appellant] wrote, “I can’t wait to see the priceless and
helpless looks on the faces of the students of one of the ‘best
schools in Pennsylvania’ realize their precious lives are going to
be taken by the only one among us who isn’t a plebian.” During
an interview with Dr. Chambers, [Appellant] stated that he
“practiced not feeling anything in his mind while envisioning the
actions he was planning to take” and he “tried to be numb as he
did not want to feel anything to prevent him from completing his
mission.”
In light of [Appellant’s] actions in the preparation of this attack,
his statements contained in the RAGNAROK letter, and his
answers to questions posed by several mental health
professionals, the [trial c]ourt [found] that the opinions offered by
Dr. [Bruce] Wright, credibly support a finding that [Appellant] not
only understood that what he was doing was wrong, but that he
was aware of the foreseeable consequences of his actions. In
particular, [Appellant] reported to several mental health
professionals that he did not plan on surviving the attack.
[Appellant] expressed concern for the pain this incident would
inevitably cause friends and family. Additionally, [Appellant]
reported feeling empathy and sympathy for the victims.
Likewise, the [trial c]ourt [found] that [Appellant] was able to
conform his behavior to the law [as] evidenced by the fact that he
was able to maintain other lawful behaviors leading up to the April
9, 2014 incident. On the date of the incident, [Appellant] obtained
and concealed two kitchen knives and brought them into the
school without anyone noticing the knives. There [was] no
evidence to suggest that [Appellant] disclosed his plan to anyone.
In fact, there was no indication that anyone in his life, such as his
family, teachers, or peers noticed any psychotic symptoms
____________________________________________
7As previously mentioned, Eric Harris was one of the Columbine High School
shooters.
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whatsoever prior to the date of the incident. Dr. Wright testified
that although it is not impossible, it would be extremely unlikely
for someone close to [Appellant] to not observe any of these
symptoms. Additionally, [Appellant] performed well academically
and there were no reports of behavioral problems at home or at
school.
Second, the [trial c]ourt [found] that the manner in which
[Appellant] carried out the April 8 2014 incident demonstrate[d]
that [Appellant] had the substantial capacity to appreciate the
wrongfulness of his conduct and conform his behavior to the law.
The [trial c]ourt [found] that [Appellant] engaged in a
well organized and sophisticated plan to commit a deliberate act,
namely killing as many people as possible. After bringing in two
eight inch butcher knives into the school and beginning to stab
and slash students, [Appellant] set off the fire alarm in an attempt
to lure more victims out into the hallway. When [Appellant] was
finally apprehended and instructed to drop the knives, [Appellant]
said, “I’m not going to drop the knives. My work isn’t finished.
There’s more people to kill.” Once apprehended, [Appellant]
reported that he no longer felt that Eric Harris and Dylan Klebold
were controlling him from hell and once he was taken to the police
station, he realized it was wrong. Dr. Wright testified that he
never heard of an individual who had a psychotic disorder
instantaneously improve.
Third, the [trial c]ourt [found] that [Appellant’s] statements to
different medical professionals and his reported history of
symptoms after the April 9, 2014 incident appear inconsistent and
raise concerns regarding reliability of a diagnosis of a psychotic
disorder. During an interview with Dr. Wright, [Appellant]
reported that he felt he was “being controlled from hell by Harris
and Klebold.” To the contrary, however, the reports prepared by
Dr. Axelson, Dr. Martone, and Dr. Chambers are devoid of any
indication that [Appellant] felt “controlled” by Eric Harris and
Dylan Klebold. When interviewed by Dr. Axelson, [Appellant]
stated that he “felt a connection with the intent of Dylan Klebold
and Eric Harris.” Drs. Martone[’s] and Chambers[’] reports
indicate[d] that [Appellant] was “obsessed” with Columbine and
felt as if he was on a “mission” to commit a similar attack at
Franklin Regional High School. Additionally, Dr. Axelson’s report
indicated that [Appellant] remembered getting the kni[ves] from
the kitchen, but he did not remember the actual episode;
however, Dr. Martone’s and Dr. Chambers’ reports indicate that
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[Appellant] remembered the episode and began to feel empathy
and sympathy for the victims.
Contrary to [Appellant’s] responses found in Dr. Wright’s report,
[Appellant] never reported any history of hallucinations or
delusions to Dr. Martone or Dr. Chambers and initially, neither
doctor diagnosed [Appellant] with a psychotic illness. It wasn’t
until subsequent evaluations that the doctors’ opinions changed
based on [Appellant’s] statements indicating a more severe
illness. Additionally, there is no mention in the RAGNOROK letter,
which was dated three days prior to the attack, that [Appellant]
felt he was being controlled by the Columbine perpetrators.
As there [were] different accounts of the psychotic symptoms to
different professionals, it raise[d] concern with [the trial c]ourt as
to the reliability of a [diagnosed] psychotic disorder. [The trial
c]ourt [found] the testimony of Dr. Wright to be credible and
agree[d] with his opinion that inconsistency over the course of
time raise[d] concerns whether [Appellant] actually had those
symptoms at all, or the magnitude described.
Although the [trial c]ourt [found] that [Appellant] may have
suffered from a psychotic illness, [it was] of the opinion that
[Appellant] possessed the capacity to appreciate the wrongfulness
of conduct and substantially conform his conduct to the law on
April 9, 2014. Thus, [it concluded] that [Appellant did] not meet
the criteria for entering a plea of guilty but mentally ill.
Trial Court Opinion, 2/2/2017, at 9-13 (record citations omitted).
We agree with the trial court’s determination that Appellant failed to
establish that he was guilty but mentally ill at the time of the incident.
Initially, we note that Appellant asks us to credit his experts’ opinion over the
opinion of the Commonwealth’s expert. We cannot. It was within the trial
court’s province to rely upon Dr. Wright’s testimony as credible and we will
not usurp that credibility determination. Upon review of the record, Dr. Wright
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testified that Appellant appreciated the wrongfulness of his conduct, 8 but
planned a detailed, concealed criminal plan and then carried it out anyway.
Appellant described the incident as “a monstrosity, a violent act, and a crime.”
N.T., 11/21/2016, at 99. As such, Dr. Wright opined that Appellant “knew
what he was doing was wrong.” Id.
In determining that Appellant deliberately chose not to conform his
behavior to the requirements of the law, Dr. Wright noted:
[…Appellant] practiced trying not to feel. He tried to be numb so
he could carry out this act, but as the act [] was occurring, he
began to feel empathy for the victims. To me, that shows [] this
was a deliberate, volitional act. He tried to train himself to do
something that he knew was wrong. He had the capacity to know
this was wrong, and he had the capacity to conform his behavior
to the requirements of the law. He chose not to.
Id. at 100.
Dr. Wright also recognized that, over time, Appellant inconsistently
changed his story to the other various mental health examiners. In turn, the
defense experts changed their diagnoses, their opinions became “more severe
with time,” and that raised concern for Dr. Wright “about the reliability of
[Appellant’s] report of psychotic symptoms.” Id. at 100-108.
Ultimately, Dr. Wright stated:
[…]The fact that [Appellant] was empathetic and sympathetic,
both words were used [by him], he knew that what he was doing
was wrong.
____________________________________________
8Dr. Axelson, Dr. Martone, and Dr. Chambers all testified that Appellant could
appreciate the difference between right and wrong at the time of the incident.
N.T., 11/21/2016, at 9, 38, and 80.
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* * *
[Appellant] had a psychiatric illness. [] I don’t disagree with that.
But, it’s my opinion that the psychiatric illness did not cause him
to lack, to substantially lack the capacity to conform his behavior
to the requirements of the law, nor did it affect his ability to
conform his behavior in any respect over the half a year or longer
prior to this [incident]. He was able to maintain other lawful
behaviors. He was able to perform well in school. His behavior
was not a problem at home. It’s my opinion that this illness did
not reach the magnitude that it affected his ability to conform his
behaviors to the requirements of the law, or his behavior in any
other respect.
Id. at 110-111.
Based on the foregoing, we discern no error in denying Appellant’s
request to plead guilty but mentally ill. While Appellant contends that this
Court should accept his experts’ opinions, the trial court was free to believe
all, part, or none of the evidence presented. Instead, the trial court credited
the testimony of the Commonwealth’s expert who opined that Appellant was
not guilty but mentally ill when committing the offenses at issue. Because the
record supports the trial court’s decision, we find no merit to Appellant’s
second appellate claim.
In his third issue presented, Appellant contends that the trial court
abused its discretion by imposing an aggregate sentence of 23½ to 60 years
of imprisonment.9 Appellant’s Brief at 28-33. Appellant claims he presents a
____________________________________________
9 More specifically, the trial court sentenced Appellant at Count 35 of the
criminal information to 16½ to 40 years of incarceration. At Counts 7, 13, 21,
23, 25, and 29, the trial court imposed terms of incarceration of 16½ to 40
years, concurrent to Count 35. At Count 1, the trial court sentenced Appellant
to seven to 20 years of incarceration, consecutive to Count 35. At Counts 3,
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substantial question to implicate our Court’s review of the discretionary
aspects of sentencing of this case because the trial court’s application of the
sentencing guidelines was clearly unreasonable. Id. at 30-32. Appellant also
argues that “it is evident that the [trial c]ourt placed undue influence on the
impact on the victims and the community and did not meaningfully consider
[Appellant’s] prior criminal record, age, personal characteristics and potential
for rehabilitation.” Id. at 32.
We have previously determined:
Challenges to the discretionary aspects of sentencing do not
entitle an appellant to an appeal as of right. Prior to reaching the
merits of a discretionary sentencing issue[, w]e conduct a
four-part analysis to determine: (1) whether appellant has filed a
timely notice of appeal, see Pa.R.A.P. 902 and 903; (2) whether
the issue was properly preserved at sentencing or in a motion to
reconsider and modify sentence, see Pa.R.Crim.P. 720; (3)
whether appellant's brief has a fatal defect, Pa.R.A.P. 2119(f); and
(4) whether there is a substantial question that the sentence
appealed from is not appropriate under the Sentencing Code, 42
Pa.C.S.A. § 9781(b).
Commonwealth v. Andrews, 213 A.3d 1004, 1016 (Pa. Super. 2019).
Here, Appellant filed a timely notice of appeal, preserved his sentencing
claim in a post-sentence motion, and included in his appellate brief a
statement of reasons relied upon pursuant to Pa.R.A.P. 2119(f). However, for
____________________________________________
5, 9, 11, 15, 17, 19, 37, 39, and 41, the trial court imposed sentences of
seven to 20 years of incarceration, concurrent to Count 1. The trial court
imposed no further sentence on the remaining charges. See N.T., 1/22/2018,
at 80-82.
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the reasons that follow, Appellant’s claim does not raise a substantial question
for our review.
[A] defendant may raise a substantial question where he receives
consecutive sentences within the guideline ranges if the case
involves circumstances where the application of the guidelines
would be clearly unreasonable, resulting in an excessive sentence;
however, a bald claim of excessiveness due to the consecutive
nature of a sentence will not raise a substantial question.
Commonwealth v. Dodge, 77 A.3d 1263, 1270 (Pa. Super. 2013). A claim
that an aggregate sentence resulting from the imposition of consecutive
sentences is excessive raises a substantial question if the “decision to
sentence consecutively raises the aggregate sentence to, what appears upon
its face to be, an excessive level in light of the criminal conduct at issue in the
case.” Id. at 1273 (citation omitted); see Commonwealth v. Moury, 992
A.2d 162, 171–172 (Pa. Super. 2010) (“The imposition of consecutive, rather
than concurrent, sentences may raise a substantial question in only the most
extreme circumstances, such as where the aggregate sentence is unduly
harsh, considering the nature of the crimes and the length of imprisonment.”);
see also Commonwealth v. Prisk, 13 A.3d 526, 533 (Pa. Super. 2011)
(citation omitted) (An appellant is not entitled to receive a “volume discount”
at sentencing for multiple offenses committed).
Here, Appellant does not explicitly challenge the consecutive nature of
his sentences. However, by claiming that his aggregate sentence is excessive,
he indirectly impugns the consecutive nature of his overall sentence, which
does not raise a substantial question entitled to our review. Moreover, we do
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not deem Appellant’s aggregate sentence as excessive or unreasonable in light
of the violent criminal conduct and number of victims at issue. Appellant pled
guilty to 43 criminal offenses (42 of which are felonies) in connection with a
stabbing incident at a high school that left 19 students and a security guard
seriously injured and traumatized an entire community. Appellant’s aggregate
sentence is not clearly unreasonable or irrational in light of his criminal
conduct. See 42 Pa.C.S.A. § 9781(c)(2) (“The appellate court shall vacate
the sentence and remand the case to the sentencing court with instruction if
it finds [] the sentencing court sentencing within the sentencing guidelines but
the case involves circumstances where the application of the guidelines would
be clearly unreasonable.”). Furthermore, Appellant was not entitled to a
volume discount at sentencing merely because the crimes arose from one
criminal episode. Appellant’s claim that his sentence, comprised of
consecutive standard range punishments imposed for multiple violent
assaults, was unreasonable simply does not present a substantial question for
review.
In conjunction, Appellant also claims that the sentencing court abused
its discretion by failing to consider his personal circumstances and
rehabilitative needs. However, failure to adequately consider mitigating
factors generally does not raise a substantial question. Moury, 992 A.2d at
171. Thus, Appellant’s claim that the trial court did not adequately consider
mitigating factors before imposing his sentence does not raise a substantial
question to implicate our review of the discretionary aspects of sentencing in
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this case. Finally, even if we were to find that Appellant presented a
substantial question, the trial court had the benefit of a PSI report and, thus,
we presume that the trial court was aware of Appellant’s prior criminal record,
age, and personal characteristics. See Commonwealth v. Rhoades, 8 A.3d
912, 919 (Pa. Super. 2010) (“[W]here, as here, the sentencing court had the
benefit of a [PSI] report, we can assume the sentencing court was aware of
relevant information regarding the defendant's character and weighed those
considerations along with mitigating statutory factors.”). As such, Appellant’s
final claim fails.
Judgment of sentence affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 10/23/2019
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