Commonwealth v. Bonnett

239 A.3d 1096

COMMONWEALTH of Pennsylvania

v.Preston Daquen BONNETT, Appellant

Commonwealth of Pennsylvania

v.Preston Daquen Bonnett, Appellant

No. 1826 MDA 2019

No. 1827 MDA 2019

Superior Court of Pennsylvania.

Submitted August 3, 2020

September 22, 2020

Mary V. Deady, Wilkes-Barre, for appellant.

Stefanie J. Salavantis, District Attorney, Wilkes-Barre, for Commonwealth, appellee.

James L. McMonagle, Assistant District Attorney, Wilkes-Barre, for Commonwealth, appellee.

Gerry Scott, IV, Assistant District Attorney, Wilkes-Barre, for Commonwealth, appellee.

BEFORE: KUNSELMAN, J., McLAUGHLIN, J., and STEVENS, P.J.E.^*

OPINION BY STEVENS, P.J.E.:

In these consolidated appeals,¹ Appellant Preston Daquen Bonnett appeals from the judgment of sentence entered in the Court of Common Pleas of Luzerne County on June 5, 2019, following his convictions of three counts each of Second Degree Murder, Third Degree Murder and Arson on two separate informations.²

The learned trial court, The Honorable Michael T. Vough, provided a detailed summary of the facts and procedural history of Appellant's two underlying cases as follows:

This matter arises from two informations filed by the Luzerne County District Attorney against [Appellant] on January 3, 2018. Information number 4301 charged [Appellant] with one count of criminal homicide. Information number 4302 charged [Appellant] with two counts of criminal homicide and three counts of arson endangering persons. These charges resulted from the deaths of three children in an intentionally set fire which occurred at their home on October 25, 2017.

At approximately 7:08 p.m. on October 25, 2017, the Luzerne County Communications Center received a 911 call from Erik Dupree regarding an individual on the back porch of the residence located at 60 Oakwood Drive, Laflin Borough, Luzerne County, Pennsylvania. Erik Dupree was sixteen years old and resided at 60 Oakwood Drive with his mother, Susan Major, and younger brothers, Devon Major and Ezekial Major. The individual on the back porch was [Appellant] and he was not permitted at the residence. Four minutes later, the Luzerne County Communication Center received a 911 call from a neighbor reporting that the back of the property located at 60 Oakwood Drive was on fire. Erik Dupree, Devon Major and Ezekial Major were home at the time of the fire and all three died as a result thereof.

During the course of their investigation, the Pennsylvania State Police learned that [Appellant] had been in a relationship with Susan Major. They also learned that [Appellant] had equipment which allowed him to make fraudulent credit cards and he conspired with Susan Major to use the fraudulent cards. This activity eventually led to their arrest after a fraudulent card was used at a Turkey Hill.

Following the incident at Turkey Hill, [Appellant] continued to contact Susan Major and moved into the basement of her residence along with a woman named Tyla Griffin. After two days, Susan Major told [Appellant] and Tyla Griffin to leave the house. Although [Appellant] and Ms. Griffin vacated the residence, they left the credit card making equipment inside along with other items that Susan Major retained. The credit card making equipment was turned over to police.

Even after leaving 60 Oakwood Drive, [Appellant] continued his attempts to contact Susan Major. Sometime in October, 2017, Susan Major found three pictures taped to her home which depicted her performing a sex act on [Appellant]. All of the pictures contained a note advising Susan Major to text a designated phone number or the individual who left the pictures would be back. Tyla Griffin identified the phone number and writing on the pictures to be [Appellant's].

Because Susan Major and her children were afraid of [Appellant], she obtained cameras contained in Minion figurines from the movie Despicable Me. These cameras were placed at the front of her house as well as the rear near the back porch. The cameras had the capability to record and Erik Dupree was able to see in front and behind his house by using his cell phone which was connected to the cameras.

Prior to October 25, 2017, [Appellant] stated to Tyla Griffin that he would burn Susan Major's house down. He made similar comments on several occasions even after Ms. Griffin reminded him that the children would be in the house. [Appellant] went so far as to say Susan Major can watch her kids burn.

On the evening of the fire, Erik Dupree looked at his phone and saw [Appellant] on the back porch of his residence. Erik Dupree called 911 and within four minutes 60 Oakwood Drive was reported to be on fire. He died in the fire along with his two brothers. The cause of death for Erik Dupree and Devon Major was carbon monoxide poisoning due to smoke inhalation from a house fire. The cause of death for Ezekiel Major was a combination of smoke inhalation and burns due to the house fire. Homicide was the manner of death for all three boys.

Immediately after the fire, [Appellant] was taken into custody on an outstanding warrant for access device fraud as well as to be interviewed in connection with the fire. During the interview [Appellant] denied having a cell phone or a vehicle. He also denied being at Susan Major's home at 7:00 p.m. on October 25, 2017. The state police subsequently determined that [Appellant] had a cell phone and drove a grayish-green Ford Taurus. He also admitted that he had been at Susan Major's residence on October 25, 2017.

A search warrant was executed on a room in which [Appellant] and Tyla Griffm were living in the City of Wilkes-Barre on October 26, 2017. A pair of jeans and a sweatshirt were recovered along with a cell phone.

Although the minion containing the camera from the back porch was never recovered, the video was obtained. An individual wearing the same sweatshirt and jeans seized during the search of [Appellant's] room could be seen on the video. This video depicted [Appellant] on the back porch as described by Erik Dupree in the 911 call.

[Appellant's] iPhone was examined by a member of the Pennsylvania State Police Computer Crime Unit. This examination revealed that the iPhone connected to a wireless router at 60 Oakwood Drive at 7:08 p.m. on October 25, 2017. Also located on the [Appellant's] iPhone was a photograph of the minion camera which was taken at 7:26 p.m. on October 25. The photograph also depicted a pair of jeans with the same unique ridge pattern as seen in the video and on the jeans taken from [Appellant's] room in Wilkes-Barre. The user account for the Minion camera came back to Erik Dupree.

The Commonwealth presented the testimony of a fire investigation expert employed by the Bureau of Alcohol, Tobacco and Firearms. A State Police Fire Marshal also testified as an expert. Both agreed that the fire was intentionally set and the area of origin was at the rear of the home near the back porch. Less than two weeks prior to the fire, Susan Major discovered a hole in a back window near the area of origin and a beer bottle inside the residence on the floor. Accidental and natural causes of the fire were ruled out as was a baseboard heater which [Appellant] alleged to have been the source of the fire.

An expert in electrical engineering and electrical causation of fires also testified as a witness for the Commonwealth. He inspected the baseboard heater and eliminated it as a potential cause of the fire. This expert also examined the home and determined that neither the electrical system, nor the electrical devices in the home, caused the fire.

Criminal complaints were filed against [Appellant] on October 30 and 31, 2017. [Appellant] maintained his innocence and proceeded to trial. Following a five day trial which concluded on June 4, 2019, the jury found [Appellant] guilty of three counts of second degree murder, three counts of third degree murder and three counts of arson endangering persons. On June 5, 2019, [Appellant] was sentenced to three consecutive mandatory terms of life imprisonment on the three counts of second degree murder, ten to twenty years concurrent on the three counts of third degree murder and the three counts of arson endangering persons merged with second degree murder. On June 10, 2019, an order was issued which vacated the ten to twenty year sentence imposed on the three counts of third degree murder based upon merger and the law as set forth in Commonwealth v. McCamey, 154 A.3d 352, 358 (Pa.Super. 2017).

[Appellant's] post-sentence motions were denied on October 9, 2019. A notice of appeal was then filed twenty-eight days later. After receiving [Appellant's] notice of appeal, an order was issued on November 8, 2019 which required that a concise statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b) be filed by [Appellant] within twenty-one days. A concise statement was filed on his behalf on December 2, 2019.

[Appellant's] concise statement raises weight and sufficiency claims for each charge. Error is also alleged in connection with the denial of [Appellant's] post-trial motions requesting a judgment notwithstanding the verdict, a new trial and a judgment of acquittal. Finally, Appellant alleges error by the court in denying his motion for change of venue and motion for a Frye^[3] hearing.

Trial Court Opinion, filed 1/6/20, at 1-5 (unnumbered).

In his appellate brief, Appellant presents the following Statement of Questions Involved:

A. Whether the [c]ourt erred in Denying [Appellant's] Motion for a Frye Hearing challenging the admissibility of Trooper Karri Dodson testimony's [sic] as an expert witness?

B. Whether there was insufficient evidence to sustain a verdict of guilty of each charge in each case?

Brief for Appellant at 4.

Appellant first argues the trial court erred in failing to hold a Frye⁴ hearing prior to permitting State Fire Marshall Trooper Karri Dodson to testify as an expert witness in the field of fire investigation. Appellant's Brief at 34.⁵ The Pennsylvania Supreme Court...