Commonwealth v. Kocher

602 A.2d 1308 (1992)

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Nature of the Case

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Facts

On a snow holiday from school, Jessica Ann Carr was fatally shot while riding as a passenger on a snowmobile owned by Mr. and Mrs. Richard Ratti, neighbors of D. D had been playing Nintendo at the Rattis' home but stopped playing when Mr. Ratti forbade the children to play because the children had made a mess in the kitchen. Some children, the victim included, started riding snowmobiles but D returned home. D procured the key to his father's locked gun cabinet and removed a hunting rifle equipped with a scope. He loaded the weapon with ammunition, opened a window, removed the screen, and pointed the gun outside. The gun discharged, striking Jessica Ann Carr in the back and fatally wounding her. The scope of the rifle struck D's forehead and left a visible wound. He returned the rifle to the gun cabinet and hid the empty shell casing. D was arrested and charged with criminal homicide in the Court of Common Pleas. After being arraigned, he was released on bail to the custody of his parents. D petitioned the court for transfer to juvenile court. P ordered a psychiatric evaluation. Dr. Harris Rabinowich, a board-certified child psychiatrist testified on behalf of P. Psychiatrists Robert Sadoff, M.D., and Marsha Turnberg, M.D., and psychologist Robert G. Chupella testified on behalf of D. The trial court had found D to be a normal fourth-grader of above-average intelligence with an above-average school record. He was a good student who exhibited occasional inattentiveness. He related well to others in his school, community, and church, and he possessed an average level of maturity and physical development. His home life was stable, close-knit, and supportive. The child exhibited no physical, mental, emotional, or behavioral disorders and had no previous criminal or delinquent history. The trial court's analysis of the nature of the crime and the level of criminal sophistication weighed against transfer. When he fired the rifle, he endangered the driver of the snowmobile and the other children playing in the area. His manipulation of the gun and the window, and his dishonesty about the cut on his forehead to his parents and police reflected an adult level of criminal sophistication and knowledge. He appeared to show no remorse for the crime. The petitioner was quoted as saying, 'If you don't think about it, you won't be sad,' to one of the neighbors' children as the victim lay dying in the Rattis' home. These factors weighed heavily against D's petition for transfer. The court held that the evidence was clear that the shooting caused the disorder (not vice versa) and that the D was free from any disorder or defect at the time of the shooting. The court stated that if a disease, defect, or disorder caused the underlying actions, only then would the child be amenable to treatment, supervision, and rehabilitation under the juvenile system. It held that if the shooting was not caused by a defect or disorder, the case would not be transferred. It ruled that there must be some underlying disease or disorder which is causally connected to the homicide in order for transfer to be justified under current law. P did not suffer from any defect or impairment at or before the time of the shooting, and therefore he has failed to show that he is amenable to treatment, supervision, or rehabilitation within the meaning of the law regarding transfer. The court rejected the transfer request. D filed a Petition for Review of the Transfer Decision which was denied. This appeal resulted. D argues that the Court required him to prove that a mental disease or defect caused the killing in order to demonstrate that he is amenable to treatment, supervision, and rehabilitation under the juvenile system.