OPINION BY STEVENS, P.J.
V.C., a minor, appeals from the dispositional order entered in the Court of Common Pleas of Philadelphia County, Juvenile Division, following his adjudication of delinquency for acts constituting a violation of 18 Pa.C.S.A. § 3701(a)(ii) (robbery), 18 Pa.C.S.A. § 3921(a) (theft by unlawful taking), 18 Pa.C.S.A. § 3925(a) (receiving stolen property), and 18 Pa.C.S.A. § 903 (conspiracy) in connection with the armed robbery of Shirley Phillips, and for acts constituting a violation of 18 Pa.C.S.A. § 2502(b) (second-degree murder), 18 Pa. C.S.A. § 3701(a)(1)(i) (robbery), and 18 Pa. C.S.A. § 903 (conspiracy) in connection with the shooting death of George Greaves. V.C. challenges the sufficiency of the evidence supporting his adjudication of delinquency as to Mr. Greaves, and he contends the juvenile court should have suppressed the statements he made to the police. We affirm.
The relevant facts and procedural history are as follows: Following his arrest in connection with the robbery of Shirley Phillips and the shooting death of George Greaves,
A few days after the robbery and subsequent shooting, on August 20, 2010, Officer Speaks responded to V.C.'s residence for a "priority radio call" of someone "screaming for help." N.T. 9/20/11 at 34. Inside the residence, she found V.C.'s mother screaming and crying. N.T. 9/20/11 at 36-37. V.C.'s mother repeatedly said, "Ah, the streets got him. He's gone, and I done did everything I could do[.]" N.T. 9/20/11 at 37-38. Officer Speaks asked V.C.'s mother to calm down and asked her why she was upset. N.T. 9/20/11 at 40-41. V.C.'s mother continued crying and screaming, and Officer Speaks eventually asked V.C.'s mother to accompany her to the police station, a request to which V.C.'s mother complied. N.T. 9/20/11 at 44. During the drive to the police station, V.C.'s mother continued crying and said, "Ah, the streets got him. I can't believe he's with that young lady. She be in my house still." N.T. 9/20/11 at 46. Officer Speaks asked V.C.'s mother about whom she was talking, and she said the girl was about V.C.'s age, sneaking in the window at night, and had stolen some of her clothes, including her Muslim headpiece. N.T. 9/20/11 at 45-46. V.C.'s mother said, "I just can't believe it. I give him money every month to buy clothes. The streets have got him. They just got my son. I can't believe it. I tried everything. I do everything for my kids." N.T. 9/20/11 at 46.
Detective Henry Glenn testified he was assigned to investigate the shooting of Mr. Greaves, and he was aware of the armed robbery, which occurred approximately ten blocks away from and prior to the shooting of Mr. Greaves. N.T. 9/20/11 at 69-71. He was aware that a similar description of two youths had been provided for both crimes. N.T. 9/20/11 at 72-79.
On August 20, 2010, at the police station, Detective Glenn interviewed V.C.'s mother to determine why she was upset. N.T. 9/20/11 at 79. V.C.'s mother told him V.C. was "hanging around with a girl, she knew whose first name was India." N.T. 9/20/11 at 80. The detective showed her photographs, and V.C.'s mother identified one of the photographs as being the "India" V.C. was "hanging out with." N.T. 9/20/11 at 80. Suspecting V.C. was the young male involved with the August 18, 2010 robbery and shooting, Detective Glenn told V.C.'s
The next morning, he and two plainclothes officers went to the residence in an unmarked police car. N.T. 9/20/11 at 90-91. V.C.'s mother reported V.C. was not at home, and therefore, the police officers drove around the area until they saw V.C. walking down the block near his house. N.T. 9/20/11 at 80-81. The police stopped V.C., who then knocked on the front door of his residence to alert his mother she was needed on the front porch. N.T. 9/20/11 at 81. V.C.'s mother came outside and asked V.C. to tell the police where India lived. N.T. 9/20/11 at 81. V.C. indicated he did not know her exact address. N.T. 9/20/11 at 81. At this time, the uniformed officers transported V.C. to the homicide unit, while the detectives gave V.C.'s mother a ride to the unit.
On cross-examination, Detective Glenn indicated V.C. was not handcuffed; however, he would not have been free to leave the police vehicle if he had attempted to do so. N.T. 9/20/11 at 92. At the homicide unit, V.C. and his mother were reunited in the lobby, and within approximately fifteen minutes, the detectives interviewed V.C. N.T. 9/20/11 at 102-103.
Detective James Pitts testified he and his partner, Detective Ohmarr Jenkins, interviewed V.C. with his mother present at the homicide unit. N.T. 9/20/11 at 119-121. Prior to questioning, the detectives read V.C. his Miranda
N.T. 9/20/11 at 134-135.
V.C. denied taking anything from the older man. N.T. 9/20/11 at 135. When asked what he meant when he said to
N.T. 9/20/11 at 136.
V.C. admitted to Detective Pitts that, when he discovered Mr. Greaves had died and the police wanted to speak to him, he "called [his] friend Daron and told him that if any police asked [to] tell them that [he] was with him all day two days ago." N.T. 9/20/11 at 137. Detective Pitts denied that, during the statement, either V.C. or his mother wanted V.C. to stop talking. N.T. 9/20/11 at 138.
On cross-examination, Detective Pitts testified that, upon arrival at the homicide unit, V.C. and his mother sat in the waiting room on a bench; however, after they were taken to a room, they were not left alone to confer without the police present. N.T. 9/20/11 at 140-144. After the detectives provided V.C. with his Miranda warnings, they invited V.C. and his mother to discuss whether V.C. should make a statement; however, the detectives did not leave the room. N.T. 9/20/11 at 140.
At the conclusion of all testimony, the juvenile court denied V.C.'s motion to suppress, and on September 20, 2011, represented by counsel, V.C. proceeded to an adjudication hearing at which the parties stipulated to the inclusion of the testimony and evidence from the suppression hearing. Additionally, Shirley Phillips and Kathy Mathis testified. Specifically, Shirley Phillips testified that, on August 18, 2010, at approximately 3:00 p.m., she was walking to a bus stop on the 7800 block of Rugby Street when she saw V.C. walking "side by side" with a young woman. N.T. 9/20/11 at 39-40. As the duo began to pass by her, Ms. Phillips looked up and saw "a gun in [her] face." N.T. 9/20/11 at 39. The young woman, who was wearing Muslim garb, held the gun and said, "Give me your stuff." N.T. 9/20/11 at 39, 45. In response, Ms. Phillips dropped her purse and ran. N.T. 9/20/11 at 45-47. Ms. Phillips heard the young woman tell V.C. to get Ms. Phillips' TransPass, which Ms. Phillips was wearing around her neck, and V.C. began to chase Ms. Phillips. N.T. 9/20/11 at 47. Ms. Phillips took the TransPass off her neck and threw it to the ground, continuing to run. N.T. 9/20/11 at 48. She then turned around to determine whether the young woman was going to shoot her in the back and she saw V.C. reaching down in the area where she had dropped her TransPass. N.T. 9/20/11 at 48.
Ms. Mathis, whose home was located three homes away from George Greaves' home, testified that, on August 18, 2010, she saw Mr. Greaves mowing his lawn, and later that day, at approximately 3:40 p.m., while she was in her home, she heard gunshots. N.T. 9/20/11 at 11-13, 24. She immediately ran outside and saw a young man and woman running together past her home. N.T. 9/20/11 at 13-15, 35. The young man stopped to pull up his pants and looked directly at her. N.T. 9/20/11 at 14-16. When the young man stopped, so did the young woman, who Ms. Mathis described as "chunky, brown-skinned" and wearing Muslim garb on her head. N.T. 9/20/11 at 17, 35. Ms. Mathis clarified the young woman's face was not covered and she was wearing jeans. N.T. 9/20/11 at
At this point, the parties stipulated that, if called to testify, Dr. Edward Lieberman, who is an assistant medical examiner, would have testified Mr. Greaves died from a gunshot wound to his left chest. N.T. 9/20/11 at 64-65. Additionally, the parties stipulated that, if called to testify, V.C.'s paternal grandmother, mother, stepfather, and brother would testify as to V.C.'s peaceful, honest, and law-abiding reputation. N.T. 9/20/11 at 72-73.
At the conclusion of all evidence, the juvenile court adjudicated fourteen-year-old V.C. delinquent of robbery, theft by unlawful taking, receiving stolen property, and conspiracy as to Shirley Phillips. The juvenile court also adjudicated V.C. delinquent of second-degree murder, robbery, and criminal conspiracy as to George Greaves. Following a hearing, by order entered on October 6, 2011, the juvenile court committed V.C. to George Junior Republic Intensive Supervision for a minimum of two years.
V.C.'s first contention is the evidence was insufficient to sustain his adjudication of delinquency as to the acts committed against Mr. Greaves.
In re A.V., 48 A.3d 1251, 1252-1253 (Pa.Super.2012) (quotation omitted).
A juvenile may be adjudicated delinquent of conspiracy if the Commonwealth sufficiently proves the elements set forth in 18 Pa.C.S.A. § 903, which provides, in relevant part, the following:
18 Pa.C.S.A. § 903(a).
Commonwealth v. Knox, 50 A.3d 749, 755 (Pa.Super.2012) (quotation and citations omitted).
V.C. is correct that "mere presence at the scene of a crime and knowledge of the commission of criminal acts is not sufficient [to establish a conspiracy]. Nor is flight from the scene of a crime, without more, enough." Knox, 50 A.3d at 756 (quotation omitted). However,
Here, viewing the evidence in the light most favorable to the Commonwealth, as verdict winner, the evidence is sufficient to sustain V.C.'s adjudication of delinquency for conspiracy as to the acts committed against Mr. Greaves. For instance, the record reflects V.C. and Ms. Spellman were well acquainted with each other, and, in fact, Ms. Spellman was wearing V.C.'s mother's Muslim headpiece on August 18, 2010. On this day, as V.C. admits on appeal, he participated with Ms. Spellman in the armed robbery of Ms. Phillips. See V.C.'s brief at 12. After the robbery, V.C. did not leave Ms. Spellman's company; but rather, within an hour, by his own confession made to police, he walked with Ms. Spellman until they saw a man working outside. Ms. Spellman told V.C. she was going to rob the man, who was later identified as Mr. Greaves, and while she approached the man with her gun drawn, V.C. stood nearby, looking up and down the driveway to make sure no one was else was outside or "coming." N.T. 9/20/11 at 134-135. After Ms. Spellman shot Mr. Greaves, V.C. and Ms. Spellman ran together away from the scene, and V.C. admitted to police he followed Ms. Spellman, permitting her to "lead the way." N.T. 9/20/11 at 134-135. V.C. additionally admitted to police that, when he discovered Mr. Greaves had died and the police wanted to speak to him, he called his friend, Daron, and asked him to say that they were together on the day of the murder. N.T. 9/20/11 at 137.
Taken as a whole, we agree with the juvenile court there was ample evidence demonstrating V.C. entered into an agreement with Ms. Spellman to commit a criminal act and he shared the criminal intent with Ms. Spellman. See Knox, supra. Specifically, V.C. was not an "innocent bystander;" but rather, he was an active participant.
V.C.'s second contention is the juvenile court erred in denying the motion to suppress his confession, which he made to the police. Specifically, V.C. suggests he did not voluntarily waive his Miranda rights in light of the fact he was only fourteen years old, he had no prior contact with the criminal justice system, his mother was mentally unstable so as to be incapable of acting in V.C.'s best interest, and the police did not provide adequate opportunity for V.C. and his mother to consult about V.C. waiving his rights without the police present.
Our standard of review in considering an order denying a suppression motion is as follows:
Knox, 50 A.3d at 746-747 (citations and quotations omitted).
With regard to a juvenile waiving his Miranda rights, we preliminarily note:
Knox, 50 A.3d at 746-747 (quotations and citations omitted) (italics in original).
Here, in finding V.C. voluntarily, knowingly, and intelligently waived his Miranda rights prior to confessing to the detectives,
Juvenile Court's Opinion filed 6/28/12 at 24-25.
We find no abuse of discretion in this regard. Knox, supra. Additionally, we note the record reveals V.C. and his mother spent approximately fifteen minutes in a waiting area prior to the detectives' questioning of V.C. such that they were certainly free to discuss whether V.C. should make a statement to the police. Moreover, the record reveals V.C. was in the ninth grade, able to read, and not under the influence of drugs or alcohol. Further, contrary to V.C.'s suggestion, there is no evidence his mother, who was present during V.C.'s waiver of his Miranda rights and the majority of the interview, was mentally unstable. Rather, the evidence tended to show she was understandably extremely upset at the prospect her son, V.C., had participated in a robbery and homicide. In any event, as indicated supra, the presence of a mentally firm parent would be just one factor to consider in whether V.C.'s waiver of his Miranda rights was voluntary, knowing, and intelligent. See Knox, supra.
For all of the foregoing reasons, we affirm.
Affirmed.