Com. v. Jones, S.


J-S53021-19 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. STEVEN JONES JR. Appellant No. 3495 EDA 2018 Appeal from the Judgment of Sentence Entered October 17, 2018 In the Court of Common Pleas of Delaware County Criminal Division at No: CP-23-CR-0001881-2002 BEFORE: OLSON, J., STABILE, J. AND NICHOLS, J. MEMORANDUM BY STABILE, J.: FILED FEBRUARY 28, 2020 Appellant, Steven Jones, Jr., appeals from his judgment of sentence of thirty years to life in prison for second-degree murder,1 a crime committed in 2002, while he was a juvenile. Appellant argues that the sentencing court failed to consider Appellant’s youth, mental development and potential for rehabilitation at the time of sentencing. We affirm. The sentencing court summarized the evidence adduced during Appellant’s trial as follows: At about 9:15 p.m. on Sunday, April 20, 2002, [Appellant] and three others, Kareem Strickland, Brandon Cobb and Fareed Nelson, were together, standing outside of “Showell’s Seafood Store” on Ninth Street in Chester. The victim, Feras Cheikho, drove his Jack & Jill truck up the street. Strickland flagged down the truck and asked his companions if they wanted to “snatch some ice cream.” The truck stopped and the four actors ____________________________________________ 1 18 Pa.C.S.A. § 2502(b). J-S53021-19 approached. The actors engaged Cheikho, asking for ice cream. Cheikho asked for money. The interaction continued and [Appellant] asked Fareed Nelson whether he had a gun on him. Nelson handed [Appellant] a .25 caliber semi-automatic gun and [Appellant] put it in the pocket of his hoodie. [Appellant] said, “I’m about to get him.” The interaction continued with the actors asking for ice cream and Cheikho asking for money in exchange. [Appellant] pulled the gun from the pocket of his hoodie sweatshirt and demanded money from Cheikho, saying, “give up the fucking money. I ain’t playing with you. This ain’t no game.” [Appellant] and Strickland continued to threaten Cheikho with [Appellant] pointing the gun at him. After claiming that he had no money, Cheikho capitulated and handed over a cardboard box that was filled with dollar bills. Strickland and [Appellant] demanded more money. [Appellant] was holding the gun inside the truck window. He was directing Cheikho with the gun, jerking the gun toward him. Cheikho retrieved more cash from a black book bag in the truck and placed it in the cardboard box. Strickland took the money and [Appellant] continued to demand more. Strickland demanded ice cream. Cheikho turned, returning the book bag to the back of the truck, and [Appellant] shot him. Cheikho screamed and the four actors ran. The bullet entered Cheikho’s back and travelled through his left kidney, through his pancreas, stomach, small intestine, liver and into his abdominal wall. The gunshot wound caused his death. A firearms expert called by the Commonwealth testified. He examined the murder weapon and conducted “shock and drop tests” and opined, inter alia, that the weapon’s trigger pull required six pounds of pressure to discharge, and that a bullet would discharge ...

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