Commonwealth v. P.B.; December 2012

Commonwealth v. P.B.; December 2012

Outcome: Not guilty of attempted murder, robbery, burglary and related felonies. Guilty only of gun possession after a jury trial.

Description:P.B. and a co-defendant were charged with attempted murder, aggravated assault, robbery, burglary, conspiracy and gun charges after they entered another man’s home to allegedly conduct a drug deal for over 5 pounds of marijuana. The victim, who was shot 8 times by P.B., and his family testified that P.B. was conducting a drug deal in the kitchen when he suddenly placed a gun to the seller’s head and threatened to kill him and others in the home while his co-defendant tried to steal the drugs. The complainant and P.B. began to shoot at each other while others in the house also started shooting. Three people in the house, including P.B. were shot multiple times. Police found the bags of marijuana in the backyard and found a crime scene riddled with bullets, fired cartridge casings and multiple guns. P.B. was identified as the shooter by multiple individuals. Mr. Fishman cross-examined the complainant and others in the house to show the inconsistencies with their story regarding a burglary and robbery and established that the victim was the first to fire. A claim of self-defense was alleged and the jury found P.B. “not guilty” of attempted murder, aggravated assault, robbery, burglary and conspiracy. He was found guilty of gun possession as the complainant was shot 8 times and was in the hospital for over a month.