J-S17002-19 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. JOHN ROBERT SROMOVSKY, Appellant No. 2365 EDA 2018 Appeal from the Judgment of Sentence Entered June 7, 2018 In the Court of Common Pleas of Chester County Criminal Division at No(s): CP-15-CR-0001137-2017 BEFORE: BENDER, P.J.E., OLSON, J., and FORD ELLIOTT, P.J.E. MEMORANDUM BY BENDER, P.J.E.: FILED JUNE 05, 2019 Appellant, John Robert Sromovsky,1 appeals from the judgment of sentence of 2½-12 months’ incarceration, imposed following his conviction for simple assault after a second trial. In his appeal, Appellant challenges the trial court’s determination that his double jeopardy rights did not bar his second trial, that the court erred (at both trials) by refusing to admit video evidence depicting events that occurred after the assault, and that the Commonwealth engaged in prosecutorial misconduct. After careful review, we affirm. ____________________________________________ 1 As Appellant was employed as a Pennsylvania State Trooper, and acting in that capacity when he committed the offense at issue, we also refer to him as “Trooper Sromovsky” in this memorandum. News reports indicate that Appellant was fired by the State Police following his sentencing in this case, however, that information is not contained in the certified record. J-S17002-19 The trial court summarized the facts adduced at Appellant’s first trial,2 held on November 15-16, 2017, as follows: On the evening of January 27, 2017, Trooper Revels of the Pennsylvania State Police made a vehicle stop. He determined that the operator[, Lorenzo Lopez,] was impaired and would be arrested for DUI. During the handcuffing of [Lopez], he tensed his arms causing the trooper and Officer Cavanaugh who was acting as backup to use a MODERATE degree of force to pull his arms behind his back and cuff him. This entire process was captured on Trooper Revels[’] dash mounted camera. Once cuffed, [Lopez] became visibly upset and began to cry. When Trooper Revels went to place him in his cruiser, [Lopez] went limp and was uncooperative[,] requiring Trooper Revels and Officer Cavanaugh to … stuff him into the cruiser. At some point during the placing [of Lopez] into the cruiser, Trooper Revels said into his microphone, “he’s fighting me.” Those words resulted in six troopers responding to the scene of the vehicle stop. When they arrived, [Lopez] was seated in the front seat of Trooper Revels[’] cruiser, was cuffed behind his back, was seat belted and, though crying, was otherwise not acting out.1 1These objective facts were recorded by Trooper Revels[’] dashboard camera[,] which he had turned to face [Lopez] once [Lopez] was placed in the vehicle. When Trooper Sromovsky responded to the scene of the vehicle stop, he went immediately to the vehicle where [Lopez] was seated. He did not make any inquiry of Trooper Revels as to what had prompted the, “he’s fighting me” statement. Upon seeing [Lopez], Trooper Sromovsky engaged him verbally[,] and the dashboard camera show[ed] that[,] shortly thereafter[,] [Lopez] was struck once, and possibly twice in the ...
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