Commonwealth of Pennsylvania v. Dimitrius Bashir Campbell

Allentown, Pennsylvania criminal defense lawyer represented the Defendant charged with attempted homicide and conspiracy to do the same. <br>
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On December 29, 2023, members of the Allentown Police Department were around the area of the Sportsmen's Bar for an investigation in an unrelated case when they heard shots fired. They pursued a fleeing individual, later identified as Appellant. Once officers caught up to him, he was cooperative, but they saw that he had discarded a ghost gun during his flight.<br>
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The officers then returned to the scene outside the Sportsmen's Bar and found that a victim, Tamara Hyman, had been shot in the arm. There was also another individual, Samuel Lebron, who was struck multiple times, including in the abdomen. Ms. Hyman was transported to a local hospital for her injuries, while Mr. Lebron required emergency surgery. He was unable to move when detectives found him. At the time of the plea, he had restored most mobility in his body except for one of his legs, and due to nerve damage, it was deemed possible that he would never regain movement. In total, officers found a total of twenty-three shell casings on the street outside of the bar.<br>
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Detective Samson Wega investigated the matter. He believed that there was an ongoing dispute between Appellant's gang and Mr. Lebron's group spanning from a shooting in 2022. When Detective Wega interviewed Appellant, however, he did not confirm his involvement in a gang and did not want to implicate others. He stated that he shot Mr. Lebron simply because Appellant is "a very angry person." N.T. Guilty Plea Hearing, 10/28/24, at 25. It was later confirmed that Ms. Hyman was not an intended target.<br>
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Based on the aforementioned events, Appellant was charged with two counts of criminal attempt to commit homicide, four counts of aggravated assault, and one count each of conspiracy to commit homicide, firearms not to be carried without a license, and recklessly endangering another person. The Commonwealth offered Appellant the opportunity to plead guilty to attempted homicide against Mr. Lebron and conspiracy to commit murder. In exchange, the Commonwealth would run those sentences concurrently, cap the minimum sentence of imprisonment at fifteen years, and dismiss the remaining charges. Appellant accepted this offer. <br>
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CRIMINAL LAW. SENTENCING LEGALITY. The case involves an appeal from the judgment of sentence concerning whether the sentence imposed for conspiracy to commit first-degree murder was illegal under the statutory maximum, given that the victim suffered serious bodily injury. The court held that the sentence was within the statutory maximum since the appellant pled guilty to conspiracy involving a victim who did suffer serious bodily injury.<br>
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CRIMINAL LAW. SENTENCING DISCRETION. The appellant challenged the trial court's discretion in sentencing by asserting that the sentence was improperly influenced by alleged gang-related activity, raising a substantial question regarding the sentence's appropriateness under the Sentencing Code. The court noted that the claim was waived due to procedural errors, namely its omission from the Rule 1925(b) statement, and determined there was no abuse of discretion, as the sentence was deemed reasonable within the guidelines.<br>
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CRIMINAL PROCEDURE. APPELLATE COUNSEL WITHDRAWAL. The appeal addressed an attempt by appointed counsel to withdraw under the standards set forth in Anders v. California, requiring court-appointed counsel to assess potential appeal points and assert their frivolity if the withdrawal is sought. The court found the proposed withdrawal premature due to the identification of a potentially non-frivolous issue regarding the simultaneous conviction of inchoate crimes, contrary to statutory provisions, and denied the petition to withdraw.<br>
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Key Phrases Attempted homicide. Conspiracy to commit murder. Guilty plea hearing. Presentence investigation report. Sentencing guidelines. <br>
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The Defendant was sentenced to fifteen to thirty years of imprisonment.