Commonwealth v. Rementer

598 A.2d 1300 (1991)

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Nature of the Case

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Facts

Berry and D entered a bar together at 7th and Oregon. Berry and D were arguing, although the bartender could not discern the substance of the argument. During the argument, Berry became 'very upset' and was 'crying hysterically.' Berry left the bar and got into her cab, which was parked outside and which she drove for a living. D followed her, got into the driver's side where Berry was sitting, shoved her into the passenger's seat and drove away. Brent Murphy saw Berry's cab drive by with Berry hanging out of the passenger window, screaming 'Help me, he's trying to kill me.' D was holding on to Berry, beating her and pulling her hair. By 'fighting and kicking,' Berry got one leg out of the passenger window, while D was 'trying to pull her back in by her hair.' Berry fell out of the passenger window. D left the car and continued the assault beating her 'with his fists in the face' while she was lying on the ground. Murphy ran into a nearby supermarket and told somebody to call the police. D was holding Berry against the cab while he continued to beat her. Murphy heard Berry say, 'Don't hurt me, Charlie.' Dt pulled Berry into the cab, held her down, shut the door and drove away. Murphy saw the police. Three young men were standing at a nearby intersection. One saw Berry standing and arguing with D under the bridge of the I-95 on-ramp. D punched Berry in the face and Berry ran away from him. D pursued her, grabbed her and dragged her back to the cab. D threw Berry in the back seat and managed to escape. D caught her and threw her in the front seat. John Smith was driving towards Water Street when he saw Berry's cab moving slowing along the curb with the passenger door open. Smith yelled and asked the occupants what was going on. Berry ran from the cab towards Smith's car shouting unintelligible pleas for help. As he pulled away, Smith saw Berry in the rear view mirror. She was lying on the street, and a station wagon was driving away 'from her body.' Joseph Campbell saw Berry fighting and arguing. Berry was shouting for help and running from D. Campbell saw D punch Berry in the head. Berry then ran towards oncoming cars, finally stopping at a station wagon. Berry grabbed on to the window of the station wagon and then fell. No more than two minutes passed from the time Campbell saw appellant strike Berry in the face to the time she fell beneath the wheels of the station wagon to her death. Michielli and his wife and two small children were driving home from a shopping trip. Berry and D approached his car forcing him to stop. Berry was screaming 'help me' and 'let me in' and attempted to open the back door of the station wagon. Michielli and his wife were frightened, and the children began to cry. The Michiellis' lock all the doors and attempted to close the windows of the car. Michielli reached out of his window, pushed Berry away and sped off. Not until several days later, when a local newspaper reported the incident and Berry's tragic death, did Michielli realize that in leaving the scene his car had run over Berry. Berry had suffered blunt head trauma consistent with direct blows to the face and had sustained a crush injury of the chest, 'consistent with a motor vehicle passing over the body.' There were fractures of the skull and the ribs. The crush injury was the cause of death. A large clump of Berry's hair was discovered inside the cab, which had been forcibly pulled from Berry's head. D testified and said they had been doing cocaine and drinking. D said that he pulled her back into the cab to prevent her from hurting herself and from 'making a scene.' D said he was attempting to calm her down. D was found guilty of murder in the third degree. D appealed.