Commonwealth v. Leaner

202 A.3d 749 (Super. Ct. Pa. 2019)

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Nature of the Case

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Facts

McNeil was the victim of an assault and robbery which police eventually learned was perpetrated by D. Dr. Collins testified that McNeil, the victim, 'was diagnosed with having a subdural hematoma, which is an accumulation of blood on the surface of the brain beneath the skull, as well as skull fractures of the base of the skull and fractures of his nasal bones.' Surgeons had to do a craniotomy to relieve the hematoma, the blood that was building up on his brain. Dr. Collins testified surgeons inserted a drain to constantly remove fluid accumulating on McNeil's brain, and he opined McNeil would have died soon after the beating had he not received immediate medical care. Dr. Collins noted the medical records revealed that, prior to the beating, McNeil had high blood pressure and lymphoma, which is cancer of the white blood cells; however, Mr. McNeil was in 'functional physical health' and able to care for himself in all respects prior to the assault. After two months McNeil was discharged to a nursing home. Following the September 15, 2009, assault, McNeil had neurological deficits such that he could not sit, move, or speak; he was on a feeding tube; he was incontinent of urine and feces; and he could not care for himself in any manner. He noted '[t]here was never any real improvement' in Mr. McNeil's condition after the assault. 'With the lack of improvement, I can then correlate and say, well, there's no intervening factor between this assault and him getting better and his death. So the initial event had to have played a significant role in his overall conditioning to end his [life] four months later.' Dr. Collins testified the head injury sustained caused him to be 'neurologically devastated where [he couldn't] care for [himself]' and made him prone to infection, problems maintaining adequate nutrition, and a weakened immune system. McNeil 'wasted away,' meaning he lost weight and muscle, after the assault, and eventually, his heart stopped beating. The jury convicted D for second-degree murder, robbery, and possession of an instrument of crime. D appealed in part on the issue of causation.