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Commonwealth of Pennsylvania v. Na Cola Darcel Franklin
Date: 05-23-2013
Case Number:
Judge: Douglas G. Reichley
Court: Court of Common Pleas, Lehigh County, Pennsylvania
Plaintiff's Attorney: First Assistant District Attorney Steven Luksa
Defendant's Attorney: John Waldron
Description:
The Commonwealth of Pennsylvania charged Na Cola Darcel Franklin, age 32, with first-degree murder in conjunction with the death of her fiance, Billy Brewster, on their wedding day.
The defendant testified that she grabbed a large kitchen knife after Brewster came home drunk from an impromptu bachelor party at a strip club around 2 a.m., beat her and tried to take their 9-month-old baby for a car ride to get food.
§ 2501. Criminal homicide.
(a) Offense defined.-A person is guilty of criminal homicide if he intentionally, knowingly, recklessly or negligently causes the death of another human being.
(b) Classification.-Criminal homicide shall be classified as murder, voluntary manslaughter, or involuntary manslaughter.
§ 2502. Murder.
(a) Murder of the first degree.-A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing.
(b) Murder of the second degree.-A criminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or
an accomplice in the perpetration of a felony.
(c) Murder of the third degree.-All other kinds of murder shall be murder of the third degree. Murder of the third degree is a felony of the first degree.
(d) Definitions.-As used in this section the following words and phrases shall have the meanings given to them in this subsection:
. . . .
"Intentional killing."
Killing by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated killing.
"Perpetration of a felony."
The act of the defendant in engaging in or being an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to
commit robbery, rape, or deviate sexual intercourse by force or threat of force, arson, burglary or kidnapping.
"Principal."
A person who is the actor or perpetrator of the crime.
The defendant testified that she grabbed a large kitchen knife after Brewster came home drunk from an impromptu bachelor party at a strip club around 2 a.m., beat her and tried to take their 9-month-old baby for a car ride to get food.
§ 2501. Criminal homicide.
(a) Offense defined.-A person is guilty of criminal homicide if he intentionally, knowingly, recklessly or negligently causes the death of another human being.
(b) Classification.-Criminal homicide shall be classified as murder, voluntary manslaughter, or involuntary manslaughter.
§ 2502. Murder.
(a) Murder of the first degree.-A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing.
(b) Murder of the second degree.-A criminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or
an accomplice in the perpetration of a felony.
(c) Murder of the third degree.-All other kinds of murder shall be murder of the third degree. Murder of the third degree is a felony of the first degree.
(d) Definitions.-As used in this section the following words and phrases shall have the meanings given to them in this subsection:
. . . .
"Intentional killing."
Killing by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated killing.
"Perpetration of a felony."
The act of the defendant in engaging in or being an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to
commit robbery, rape, or deviate sexual intercourse by force or threat of force, arson, burglary or kidnapping.
"Principal."
A person who is the actor or perpetrator of the crime.
Outcome:
Guilty and faces at least 13 years in prison.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Commonwealth of Pennsylvania v. Na Cola Darcel Franklin?
The outcome was: Guilty and faces at least 13 years in prison.
Which court heard Commonwealth of Pennsylvania v. Na Cola Darcel Franklin?
This case was heard in Court of Common Pleas, Lehigh County, Pennsylvania, PA. The presiding judge was Douglas G. Reichley.
Who were the attorneys in Commonwealth of Pennsylvania v. Na Cola Darcel Franklin?
Plaintiff's attorney: First Assistant District Attorney Steven Luksa. Defendant's attorney: John Waldron.
When was Commonwealth of Pennsylvania v. Na Cola Darcel Franklin decided?
This case was decided on May 23, 2013.