Pennsylvania Superior Court Upholds Conviction of Attempted Murder, Despite Absence of Deadly Weapon

A man convicted of attempted murder of a police officer, and aggravated assault in relation to others, recently had his convictions upheld by the Pennsylvania Superior Court. Edmond Jackson was convicted on charges of attempted murder and aggravated assault, stemming from a shooting in Philadelphia, Pennsylvania in 2004. Police officers were investigating a shooting which had occurred earlier in the day of the incident, when Jackson and others approached the officers and the people they were questioning. Jackson and the other men were armed and began shooting at the officers and civilians. In total, between 50 and 80 shots were fired by the defendant and his associates; police returned fire.

One detective took notice of the defendant Jackson, particularly the shirt he was wearing. When the shooting ceased, the gunmen dispersed and immediately, the officer began chasing Jackson. Jackson, at one point, turned towards the detective and raised his arm as if he was carrying a firearm. The detective fired a single shot, missing Jackson, from which Jackson subsequently surrendered. Jackson did not possess a firearm when searched.

Jackson appealed his conviction on two issues; the first relating to the attempted murder charge and the second to the counts of aggravated assault. Jackson argued that since he did not possess a firearm when he raised his arm to the officer, he could not be found guilty of attempted murder because the offense is defined in part as “[taking] a substantial step toward the commission of a killing, with the specific intent in mind to commit such an act”. Jackson disputed the attempted murder charges since he did not have a weapon. The Superior Court examined the issue and determined that the test for what constitutes a substantial step focuses on the acts the defendant completed, not the steps remaining to complete the act. The Court therefore ruled that as the fact-finder, the trial court reasonably found that Jackson took a substantial step towards intentionally killing the detective; based on his having a firearm earlier, firing the weapon at his intended victim, and then raising his arm towards the detective while fleeing the scene.

Felony Crimes

Felony offenses are the most serious crimes and carry potential prison sentences of over one year if convicted. In Pennsylvania, violent crimes committed while visibly possessing a firearm carry a mandatory minimum sentence of 5-years in prison if convicted. Other circumstances can increase the sentence.

If you have been charged with a felony criminal offense, contact the Law Offices of Marc Neff immediately. We will assist you in your defense and can potentially lessen or eliminate the charges against you.