Loading...
HomeMy WebLinkAboutCP-21-CR-0002411-2007 COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CP-21-CR-2411-2007 : : TROY M. MYERS : IN RE; PCRA BEFORE HESS, P.J. OPINION AND ORDER The instant case arises from events that transpired on or about August 25, 2007, which resulted in the death of Jason Collins. On November 16, 2007, Troy M. Myers, the petitioner, was formally charged with Murder in the First Degree and Murder in the Third Degree. On June 16, 2008, Mr. Myers pled nolo contendere to Count 2: Criminal Homicide – Murder in the Third Degree in full satisfaction of the charge of Murder in the First Degree with an agreed upon sentence of 20 to 40 years with credit to be given from August 25, 2007, a sentence he is now serving. He has filed a Post Conviction Relief Act (“PCRA”) petition in which he raises four points of contention including that he received ineffective assistance of counsel, that his nolo contendere plea was unlawfully induced, that a violation of his due process rights occurred, and that he is innocent of the charge of murder. Troy Myers lived at 260 North Enola Drive, Enola, PA, in a private residence owned by John Kichman that is divided into separate apartments. (Transcript of PCRA Proceedings, May 14, 2010 at 41; hereinafter “N.T. 5/14/10 at _”). Myers occupied an apartment on the first floor and his girlfriend, Jennifer Mercurio, occupied a separate apartment on the second floor. (N.T. 5/14/10 at 41). John Kichman also lived at the residence in a separate apartment. Id. On August 25, 2007, John Kichman hosted a barbeque in the backyard of his residence at 260 North Enola Drive which was attended by various guests including Jason Collins and Troy Myers. (N.T. 5/14/10 at 41-42). At the barbeque, many of the partygoers were drinking heavily and throughout the course of the day several altercations occurred. (Commonwealth’s Exhibit 8 at 31; hereinafter “Com.’s Ex. _ at _”). One of the altercations occurred when Mr. Myers and Rick Heckard got into a fist-fight. (Com.’s Ex. 8 at 46-47). After the fight was broken up, Mr. Myers left the backyard and went to the second floor apartment with his girlfriend, Jennifer Mercurio. (Com.’s Ex. 8 at 44). A short time later, Mr. Myers returned to the backyard wearing his martial arts clothing and carrying a martial arts weapon, a long wooden “bo staff.” Id. Witnesses claim that a verbal altercation ensued, but that Myers left and returned to Mercurio’s apartment. (Com.’s Ex. 8 at 27, 45). A neighbor called the police after he heard the noise that was coming from the backyard area. (Com.’s Ex. 8 at 49). Myers testified that when police officers from the East Pennsboro Police Department arrived on scene they instructed him to go inside and told the partygoers to be quiet. (N.T. 5/14/10 at 46-47). Myers said he was upset that the police officers weren’t going to do anything to make the partygoers leave. (N.T. 5/14/10 at 47). After police left, Mr. Myers returned to the backyard again and witnesses claim he verbally challenged Mr. Heckard and anyone else who was willing to a fight. (Com.’s Ex. 8 at 27, 56). Kim Heckard and Jennifer Collins told police that Jason Collins walked up to Mr. Myers with his hands open and said something to the effect that nobody wanted to fight. (Com.’s Ex. 8 at 46, 56). Mrs. Heckard said that she saw Myers punch Mr. Collins once and then immediately stab him in the chest. (Com.’s Ex. 8 at 27). The shirt worn by Mrs. Heckard 2 that evening had a blood splatter on the left shoulder. Id. Shortly after the altercation, Mr. Collins exclaimed that he had been stabbed. Id. While none of the other witnesses actually saw the stabbing because of how dark it was, they confirmed these events including their having heard Mr. Collins yell that he had been stabbed. Id. Witnesses say Mr. Myers retreated upstairs to Jennifer Mercurio’s apartment and fended off attacks from Chris Cussoms and Tim Woods, two partygoers, with his martial arts bo staff. Id. Myers confirmed this portion of the story at his PCRA hearing and claims that he was asked to leave shortly after entering Mercurio’s apartment because he was bleeding. (N.T. 5/14/10 at 50). Mercurio told police that Myers asked her to hide his bo staff for him, which she eventually agreed to do and hid it in the attic because she didn’t want to see him get in trouble. (Com.’s Ex. 8 at 39). John Kichman told police that after returning to the backyard, Myers asked him to hide a knife for him in the dirt pile, but he declined. (Defendant’s Exhibit 2; hereinafter “Def.’s Ex. _ at _”). EMS personnel arrived and provided assistance to Jason Collins, who died at the scene from loss of blood caused by the single stab wound to his chest. (Def.’s Ex. 10 at 2). The autopsy report confirmed that the cause of Collins’ death was a vertically oriented stab wound, which penetrated the anterior aspects of left ribs three and four. (Def.’s Ex. 10 at 5). The report indicates that the incision measures 1.5 inches in length and the estimated depth of penetration ranges from 4.5 - 5.5 inches. Id. After obtaining a search warrant, police recovered three knives. The first knife was found in Jennifer Mercurio’s apartment lying at the back of the kitchen sink. (Com.’s Ex. 8 at 48). The knife is a large kitchen knife that is roughly 9 - 10 inches long, but its blade does not 3 reach 1.5 inches in width until 6 inches. (Def.’s Ex. 23). Police found a second knife lying alongside the curb at 131 East Columbia Road, which is just down the street from the property owned by John Kichman at 260 North Enola Drive. (Def.’s Ex. 1). The knife found is a large steak knife with its blade measuring about 5.5 inches long and 1.5 inches wide. (Transcript of PCRA Proceedings, September 2, 2010 at 128-29; hereinafter “N.T. 9/2/10 at _”). The dimensions of this latter knife coincide with the dimensions of the fatal stab wound. Finally, police discovered a martial arts knife after Mr. Myers disclosed its location to the District Attorney’s Office. (Com.’s Ex. 10 at 61). Curiously, Myers claims he learned of the knife’s location from Miss Mercurio and decided to turn this information over because he believed it would show that he was innocent. (N.T. 5/14/10 at 20). After conducting a thorough search, the martial arts knife was found buried in a dirt mound in the backyard of the property owned by Kichman. (Com.’s Ex. 10 at 61). The martial arts knife is approximately 10.5 – 11 inches long and 2 inches wide after just 1.5 inches from the tip. (N.T. 9/2/10 at 119). After Troy Myers was arrested on charges of first- and third-degree murder, Public Defender Stephen Fugett worked on his case through the information stage until his departure from the Public Defender’s Office. (N.T. 9/2/10 at 22). The only person other than Troy Myers who told Mr. Fugett that Christina Myers stabbed Jason Collins was Jennifer Mercurio. Ms. Mercurio, however, was not an eyewitness. (N.T. 9/2/10 at 28). After checking into the story and examining witness statements, Mr. Fugett found nothing to indicate that someone other than Myers was responsible for stabbing Collins. (N.T. 9/2/10 at 29). After Fugett’s departure, the case was assigned to Michael Halkias, Esquire, who was supervised by Ellen Barry, Esquire, because he was relatively new to the Public Defender’s Office. (N.T. 9/2/10 at 18). Upon taking 4 over the case, Mr. Halkias was told by Troy Myers that his sister-in-law, Christina Myers, was actually responsible for stabbing Jason Collins. (N.T. 9/2/10 at 76). Mr. Halkias testified that this possibility seemed far-fetched as witness testimony indicated that Mr. Myers was the only one near the victim when he was stabbed. (N.T. 9/2/10 at 79, 143). Halkias also testified that Mike Brennan, a private investigator, told him that Troy Myers admitted to stabbing Jason Collins. (N.T. 9/2/10 at 86). In addition, while incarcerated, Troy Myers sent two letters to family members confessing to stabbing Jason Collins. The first letter was sent to his ex-wife, Shanna Myers. (Com.’s Ex. 2). The letter to Shanna Myers was dated June 27, 2008. (N.T. 5/14/10 at 62). The second letter was to his brother, Dean Myers, and was received on December 24, 2008. (Com.’s Ex. 1). Mr. Halkias and Ms. Barry both testified that after examining the facts of the case and Myers’ claim that a third party was responsible for the victim’s death, they believed that there was a high probability that Myers would be convicted if the case went to trial. (N.T. 9/2/10 at 78-79). Both counsel were also concerned that the Commonwealth would be able to demonstrate the requisite mens rea to support a first-degree murder conviction. (N.T. 9/2/10 at79-80). After discussing with Myers the potential for a life sentence, Myers was adamant that he could not serve a life sentence as it would prevent him from being able to see his children again. (N.T. 9/2/10 at 80). Not surprisingly, Mr. Halkias and Ms. Barry began discussing the possibility of a plea agreement. Id. A plea agreement was, in fact, negotiated for Myers to plead nolo contendere to third-degree murder in exchange for a sentence of 20-40 years in prison and full satisfaction of the first-degree murder charge. Id. Prior to entering the nolo contendere plea, Mr. Halkias went over the entire plea form with Mr. Myers to make sure that he understood 5 everything. (N.T. 9/2/10 at 93). At the plea colloquy, Judge Edgar Bayley explicitly explained the meaning and ramifications of the nolo contendere plea to Mr. Myers. (Com.’s Ex. 3 at 7). Once finished, Judge Bayley asked Myers whether he understood and accepted the plea, to which Myers replied, “yes, sir.” Id. Despite Mr. Myers’ allegations that counsel instructed him to respond with yes or no answers and prompted him how to answer, Mr. Halkias testified, credibly, that he never told Myers how to answer. (N.T. 9/2/10 at 95). Defendant Troy Myers contends that his counsel was ineffective in failing to correctly identify the weapon that inflicted the fatal wound. Specifically, Defendant argues that two of the three knives found could not possibly have been the murder weapon because their dimensions do not match those of the incision sustained by Jason Collins. It is true that counsel may not have correctly identified the murder weapon. The fact remains, however, that one of the knives found near the scene is a perfect match. Petitioner’s counsel correctly argues that the only knife of the three that could have been used was found in front of the house and witnesses stated that Defendant did not leave the backyard between the time when Collins was stabbed and police arrived. This, however, is not entirely correct. The defendant had entered the apartment building and had ample time to dispose of the knife or have someone else, including Jennifer Mercurio, dispose of the knife for him. Myers alleges that his nolo contendere plea was unlawfully induced and that he is eligible for relief under the Post Conviction Relief Act. Specifically, petitioner argues that he is eligible for relief pursuant to 42 Pa.C.S. § 9543 (a)(2)(iii) which reads, “(2) That the conviction or sentence resulted from one or more of the following: (iii) A plea of guilty unlawfully induced 6 where the circumstances make it likely that the inducement caused the petitioner to plead guilty and the petitioner is innocent.” 42 Pa.C.S. § 9543(a)(2)(iii) (1982). Therefore, a defendant must prove that the inducement caused the plea to be entered and that he is innocent of the crimes charged. Id. Only where counsel’s ineffectiveness actually caused the defendant to enter an unknowing or involuntary plea will allegations of ineffectiveness in connection with the entry of a guilty plea serve as a basis for relief. Com. v. Hickman, 799 A.2d 136, 141 (Pa. Super. Ct. 2002). The voluntariness of a guilty plea depends on whether counsel’s advice was within the range of competence, demanded of attorneys in criminal cases. Id. “[A]fter sentencing, allegations of ineffectiveness of counsel. . .provide a basis for withdrawal of the plea only where there is a causal nexus between counsel's ineffectiveness, if any, and an unknowing or involuntary plea.” Commonwealth v. Flood, 627 A.2d 1193, 1199 (Pa. Super. Ct. 1993), citing Com. v. Turano, 601 A.2d 846, 854 (Pa. Super. Ct. 1992). In assessing whether a ‘causal nexus’ exists, “the focus is whether the accused was misled or misinformed and acted under that misguided influence when entering the guilty plea.” Id. Pennsylvania courts have been reluctant to allow a defendant to withdraw a plea simply because their decision was motivated by the imposition of a lesser sentence. For example, in Com. v. Lewis, the court held that a plea of guilty that is motivated by a fear that the prosecution may obtain the death penalty is valid as long as the guilty plea is entered knowingly and voluntarily. Com. v. Lewis, 708 A.2d 497, 503 (Pa. Super. Ct. 1998). In that case, the defendant pled guilty to first-degree murder, robbery, possession of instrument of crime, and conspiracy. Id. at 500. The defendant agreed to accept a life sentence in prison, under the condition that the prosecution would refrain from pursuing the death penalty. Id. at 503. The court reasoned that 7 the defendant made a conscious decision to plead guilty to avoid any possibility of receiving the death penalty and he is bound by his decision. Id. Although the prosecution was not seeking the death penalty, the instant case is similar to Lewis because in each case the defendant agreed to enter a guilty plea in exchange for a lesser sentence. In the case at bar, Defendant was charged with murder in the first and third degrees. Had Defendant been convicted of first-degree murder, he would have faced a sentence of life in prison. Prior to entering the plea, Defendant made it clear that he desired a lesser sentence. Believing that there was a real possibility that the prosecution would prevail on the charge of first-degree murder, Public Defenders Halkias and Barry thought that it was in Defendant’s best interest to accept the plea. Given Defendant’s strong desire to avoid life imprisonment, it appears that his decision to enter the nolo contendere plea was well calculated to allow him to accomplish this goal. Thus, in this case, it cannot be said that Defendant’s nolo contendere plea was unlawfully induced. Moreover, we are satisfied that, in any event, there has been no showing of innocence. After being incarcerated, Defendant Myers wrote two separate letters to family members where he confessed to stabbing and murdering Jason Collins. In a letter to his ex-wife, Defendant admitted to stabbing Jason Collins, but claims he only wrote the letter because he was depressed and was afraid he would never be able to see his kids again if he did not. In a letter to his brother, Dean Myers, Defendant again admitted to stabbing Collins, but this time reasoned that he only did so because he was devastated and didn’t want his brother to be mad at him. The letters were received roughly six months apart. Clearly, the Defendant wrote the letters at two separate times. His explanations, for confessing to a crime he says he did not commit, make no 8 sense. In addition to writing the letters, private investigator Mike Brennan also claims that Defendant told him he stabbed Jason Collins. Having confessed three separate times, Defendant simply corroborates what all the eyewitness testimony suggests. Defendant contends that the nolo contendere plea he entered was unlawfully induced because it was involuntary and unknowing. Defendant argues that his plea was unknowing because he was unaware of significant amounts of potentially exculpatory evidence that the Public Defenders had in their possession but did not share, or discuss, with him. The only potentially exculpatory evidence that the Public Defenders possessed was the autopsy report that suggested that the martial arts knife and large kitchen knife were unlikely to have inflicted the fatal wound and that the likely murder weapon was a large steak knife found alongside the curb in front of the house. Defendant claims that this evidence is exculpatory because witness statements suggest that he did not go to the front of the house after the stabbing occurred. The evidence, however, also shows that Defendant sought refuge in his girlfriend’s apartment where he easily could have asked her hide the murder weapon for him. Not only was it reasonable to believe that Defendant could have been in possession of the steak knife, but witness statements suggest that Defendant was the only one close enough to Jason Collins to stab him. Witnesses claim they saw Defendant approach the victim and seconds later Collins screamed, “the mother f----r stabbed me.” After reviewing the testimony and exhibits in this case, we are satisfied that all of the evidence points to Defendant as the one who stabbed and murdered Collins. Defendant also claims that his plea was unknowing because he did not understand the meaning and ramifications of the nolo contendere plea that he entered. Defendant claims that he agreed that if the case were tried before a jury the Commonwealth would be able to prove third- 9 degree murder, but claims he didn’t know what “nolo contendere” meant. However, his understanding that the Commonwealth possessed enough evidence to convict him of third-degree murder suggests that he did in fact understand the meaning. At Defendant’s plea colloquy, Judge Edgar Bayley explicitly explained the meaning and ramifications of the nolo contendere plea. Once he was finished, Judge Bayley asked Defendant whether he understood and accepted the plea, to which Defendant replied, “yes, sir.” (Com.’s Ex. 3 at 7). Upon assessing the weight of the evidence it becomes clear that Defendant’s nolo contendere plea was not unlawfully induced and thus does not necessitate the withdrawal of the plea. It can hardly be said that Defendant’s nolo contendere plea was involuntary as it is evident that he agreed to take the plea in consideration of a lesser sentence. Similarly, it cannot be said that Defendant’s plea was unknowing because he was informed of the meaning and ramifications of his nolo contendere plea before he agreed to accept it. Since it does not appear that Defendant was innocent or that his nolo contendere plea was unknowing or involuntary, the plea entered was not unlawfully induced. In addition to claiming ineffective assistance of counsel and unlawful inducement of a plea, Defendant claims that his due process rights were violated. A petitioner is eligible for relief based on the Post Conviction Relief Act pursuant to 42 Pa.C.S. § 9543(a)(2)(i) which reads, “(2) That the conviction or sentence resulted from one or more of the following: (i) A violation of the Constitution of this Commonwealth or the Constitution or laws of the United States which in the circumstances of the particular case, so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place.” 42 Pa.C.S. § 9543(a)(2)(i) (1982). In this case, Defendant knowingly and voluntarily entered a nolo contendere plea that effectively 10 ended the truth-determining process. Since this decision was made by the defendant and the defendant alone, he must not be permitted to claim that he suffered an injustice simply because he finds himself unsatisfied with the outcome of his decision. ORDER th AND NOW, this 17 day of February, 2011, the petition of Troy M. Myers for post- conviction relief is DENIED. BY THE COURT, _______________________________ Kevin A. Hess, P. J. 11 COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CP-21-CR-2411-2007 : : TROY M. MYERS : IN RE; PCRA BEFORE HESS, P.J. ORDER th AND NOW, this 17 day of February, 2011, the petition of Troy M. Myers for post- conviction relief is DENIED. BY THE COURT, _______________________________ Kevin A. Hess, P. J. Matthew P. Smith, Esquire Chief Deputy District Attorney Dirk Berry, Esquire For the Defendant :rlm