II. CHARGES AGAINST THE DEFENDANT
The defendant Harlow Cuadra, as well as his co-defendant Joseph Kerekes, was charged with the following offenses: 18 Pa.C,SA. §2501(a), Criminal-Homicide; 18 Pa,C.S,A §903, Criminal Conspiracy to Commit Homicide; 18 Pa §3301(a) (1) (i), Arson — Danger of Death of Bodily Injury, a felony of the first degree; 18 Pa.C.S,A. §3301(a) (1) (ii), Arson — Inhabited Building or Structure, a felony of the first degree; 18 Pa.CS.A. §3701(a)(1)(i), Robbery — Inflict Serious Bodily Injury, a felony of the first degree; 18 Pa, C (a), Theft by Unlawful Taking — Movable Property, a felony of the third degree; 18 Pa.C.S.A. §4910(1), Tamper With/Fabricate Physical Evidence, a misdemeanor of the second degree; 18 Pa §5510 Abuse of Corpse, a misdemeanor of the second degree; 18 Pa §903, Criminal Conspiracy to Commit Robbery under §3701(a)(I)(i), a felony of the first degree; 18 Pa.C,S.A. §903, Criminal Conspiracy to Commit Tampering With/Fabricating Physical Evidence under §4910(1), a misdemeanor of the second degree and; §903, Criminal Conspiracy to Commit Arson and Related Offenses under §3301(a)(1)(i), a felony of the first degree, and Criminal Use of a Communication Facility, 18 Pa. C.S.A. 7512, a felony of the third degree.
A. ELEMENTS OF THE CHARGED OFFENSES
The elements of 18 Pa.C.S.A. §2501(a), Criminal Homicide, are as follows:
(a) A person is guilty of criminal homicide if he intentionally, knowingly, recklessly or negligently causes the death of another human being.
Section 2502 (a) of Title 18, provides as follows:
(a) Murder of the First Degree — Offense Defined, — A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing.
A first — degree murder begins when a defendant possesses the specific intent to ill and takes some affirmative steps that cause the victim’s death and the defendant’s actions eventually result in the victim’s death. “The period of reflection necessary to constitute premeditation may be very brief: in fact the design to kill can be formulated in a fraction of a second. Premeditation and deliberation exist whenever the assailant possesses the conscious purpose to bring about death. See Commonwealth v. Drumheller 808 A.2d 893 (Pa. 2002)(quoting Commonwealth v. Fisher 769 A.2d 1116 (Pa. 2001)),
Section 2502 (b) of Title 18 provides as follows:
(b) Murder of the Second Degree — Offense Defined. — A criminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as principal or an accomplice in the perpetration of a felony. 18 Pa. 2502 (b). ...“ The malice or intent to commit the underlying crime is imputed to the killing to make it second-degree murder, regardless of whether the defendant actually intended to physically harm the victim..” See Commonwealth v. Lambert 795 A 1010 (Pa. Super. 2002)(citing Commonwealth v. Mikell 729 A.2d 566, 569 (Pa, 1999)).
18 Pa.C,S.A. §3301(a)(1)(ii) Arson and Related Offenses, relating to an inhabited buildings or structures, and §3301(a)(i), relating to endangering persons the elements of Arson are as follows:
A person commits a felony of the first degree if he intentionally starts a fire or causes an explosion, or if he aids, counsels, pays or agrees to pay another to cause a fire or explosion, whether on his own property or on that of another, and if:
(a)(1)(i) he thereby recklessly places another person in danger of death or bodily injury, including but not limited to a firefighter, police officer or other person actively engaged in fighting fire; or
(a)(1)(ii) A person commits the act with the purpose of destroying or damaging inhabited property or occupied structure of another. a felony of the first degree if he intentionally starts a fire or causes an explosion, or if he aids, counsels, pays or agrees to pay another to cause a fire or explosion, whether on his own property or on that of another, and if:
The elements of the Crime of Robbery with the infliction of serious bodily injury under §3701(a)(1)(i) are as follows:
(a)(1) A person is guilty of robbery if, in the course of committing a theft, he:
(i) inflicts serious bodily injury upon another.
The elements of the crime of Theft by Unlawful Taking, 18 Pa.C.S.A. §3921(a), are as follows:
(a) Movable Property.- A person is guilty of theft if her unlawfully takes, or exercises unlawful control over, movable property of another with intent to deprive him thereof.
The elements of the crime of Tampering With/Fabricating Physical Evidence, codified at 18 Pa.C.S.A. §4910(1), are as follows:
A person commits a misdemeanor of the second degree if, believing that an official proceeding or investigation is pending or about to be instituted, he:
(1) alters, destroys, conceals or removes any record, document or thing with intent to impair its verity or availability in such proceeding or investigation.
The elements of the crime of Abuse of Corpse, 18 PLCS.A. §5510, are as follows:
Except as authorized by law, a person who treats a corpse in a way that he knows would outrage ordinary family sensibilities commits a misdemeanor of the second degree.
The defendant is charged with four counts of conspiracy, with co-defendant Cuadra, related to the crimes of criminal homicide, arson, robbery and tampering with evidence. The elements of 18 PLC,S.A. §903, Conspiracy, are as follows:
(a) Definition of Conspiracy.- A person is guilty of conspiracy with another person or persons to commit a crime if with the intent of promoting or facilitating its commission he:
(1) agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or
(2) agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime.
In addition, Harlow Cuadra was charred with Section 7512(a) of the Crimes Code states that “ person commits a felony of the third degree if that person uses a communication facility to commit, cause or facilitate the commission or the attempt thereof of any crime which constitutes a felony under this title.” 18 Pa,C.S. . 7512(a)
The defendant Harlow Cuadra, as well as his co-defendant Joseph Kerekes, was charged with the following offenses: 18 Pa.C,SA. §2501(a), Criminal-Homicide; 18 Pa,C.S,A §903, Criminal Conspiracy to Commit Homicide; 18 Pa §3301(a) (1) (i), Arson — Danger of Death of Bodily Injury, a felony of the first degree; 18 Pa.C.S,A. §3301(a) (1) (ii), Arson — Inhabited Building or Structure, a felony of the first degree; 18 Pa.CS.A. §3701(a)(1)(i), Robbery — Inflict Serious Bodily Injury, a felony of the first degree; 18 Pa, C (a), Theft by Unlawful Taking — Movable Property, a felony of the third degree; 18 Pa.C.S.A. §4910(1), Tamper With/Fabricate Physical Evidence, a misdemeanor of the second degree; 18 Pa §5510 Abuse of Corpse, a misdemeanor of the second degree; 18 Pa §903, Criminal Conspiracy to Commit Robbery under §3701(a)(I)(i), a felony of the first degree; 18 Pa.C,S.A. §903, Criminal Conspiracy to Commit Tampering With/Fabricating Physical Evidence under §4910(1), a misdemeanor of the second degree and; §903, Criminal Conspiracy to Commit Arson and Related Offenses under §3301(a)(1)(i), a felony of the first degree, and Criminal Use of a Communication Facility, 18 Pa. C.S.A. 7512, a felony of the third degree.
A. ELEMENTS OF THE CHARGED OFFENSES
The elements of 18 Pa.C.S.A. §2501(a), Criminal Homicide, are as follows:
(a) A person is guilty of criminal homicide if he intentionally, knowingly, recklessly or negligently causes the death of another human being.
Section 2502 (a) of Title 18, provides as follows:
(a) Murder of the First Degree — Offense Defined, — A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing.
A first — degree murder begins when a defendant possesses the specific intent to ill and takes some affirmative steps that cause the victim’s death and the defendant’s actions eventually result in the victim’s death. “The period of reflection necessary to constitute premeditation may be very brief: in fact the design to kill can be formulated in a fraction of a second. Premeditation and deliberation exist whenever the assailant possesses the conscious purpose to bring about death. See Commonwealth v. Drumheller 808 A.2d 893 (Pa. 2002)(quoting Commonwealth v. Fisher 769 A.2d 1116 (Pa. 2001)),
Section 2502 (b) of Title 18 provides as follows:
(b) Murder of the Second Degree — Offense Defined. — A criminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as principal or an accomplice in the perpetration of a felony. 18 Pa. 2502 (b). ...“ The malice or intent to commit the underlying crime is imputed to the killing to make it second-degree murder, regardless of whether the defendant actually intended to physically harm the victim..” See Commonwealth v. Lambert 795 A 1010 (Pa. Super. 2002)(citing Commonwealth v. Mikell 729 A.2d 566, 569 (Pa, 1999)).
18 Pa.C,S.A. §3301(a)(1)(ii) Arson and Related Offenses, relating to an inhabited buildings or structures, and §3301(a)(i), relating to endangering persons the elements of Arson are as follows:
A person commits a felony of the first degree if he intentionally starts a fire or causes an explosion, or if he aids, counsels, pays or agrees to pay another to cause a fire or explosion, whether on his own property or on that of another, and if:
(a)(1)(i) he thereby recklessly places another person in danger of death or bodily injury, including but not limited to a firefighter, police officer or other person actively engaged in fighting fire; or
(a)(1)(ii) A person commits the act with the purpose of destroying or damaging inhabited property or occupied structure of another. a felony of the first degree if he intentionally starts a fire or causes an explosion, or if he aids, counsels, pays or agrees to pay another to cause a fire or explosion, whether on his own property or on that of another, and if:
The elements of the Crime of Robbery with the infliction of serious bodily injury under §3701(a)(1)(i) are as follows:
(a)(1) A person is guilty of robbery if, in the course of committing a theft, he:
(i) inflicts serious bodily injury upon another.
The elements of the crime of Theft by Unlawful Taking, 18 Pa.C.S.A. §3921(a), are as follows:
(a) Movable Property.- A person is guilty of theft if her unlawfully takes, or exercises unlawful control over, movable property of another with intent to deprive him thereof.
The elements of the crime of Tampering With/Fabricating Physical Evidence, codified at 18 Pa.C.S.A. §4910(1), are as follows:
A person commits a misdemeanor of the second degree if, believing that an official proceeding or investigation is pending or about to be instituted, he:
(1) alters, destroys, conceals or removes any record, document or thing with intent to impair its verity or availability in such proceeding or investigation.
The elements of the crime of Abuse of Corpse, 18 PLCS.A. §5510, are as follows:
Except as authorized by law, a person who treats a corpse in a way that he knows would outrage ordinary family sensibilities commits a misdemeanor of the second degree.
The defendant is charged with four counts of conspiracy, with co-defendant Cuadra, related to the crimes of criminal homicide, arson, robbery and tampering with evidence. The elements of 18 PLC,S.A. §903, Conspiracy, are as follows:
(a) Definition of Conspiracy.- A person is guilty of conspiracy with another person or persons to commit a crime if with the intent of promoting or facilitating its commission he:
(1) agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or
(2) agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime.
In addition, Harlow Cuadra was charred with Section 7512(a) of the Crimes Code states that “ person commits a felony of the third degree if that person uses a communication facility to commit, cause or facilitate the commission or the attempt thereof of any crime which constitutes a felony under this title.” 18 Pa,C.S. . 7512(a)
