Pennsylvania v. Potts

The apartment of the Defendant, Ernest Potts, was burglarized during which two pounds of marijuana, jewelry, and $400.00 in cash was stolen. A friend of the Defendant, David Owens, told him that a man named Michael Cunerd was the person who was responsible for the burglary. The Defendant and Owens met up and drove together to Cunerd’s residence. The pair successfully accosted Cunerd on the street near his residence. The Defendant claimed he exited his car and told Cunerd that he wanted to speak with him. Cunerd excused himself and told him that he would speak with the Defendant later. The Defendant and Owens waited in his car. When Cunerd returned, the Defendant asked him to get in his car and Cunerd did and the trio started driving. The Defendant asked Cunerd if he burglarized his apartment to which Cunerd replied in the negative. Owens stated his belief that Cunerd committed the burglary. The three reached a deserted area where the conversation continued and Cunerd continually protested his innocence. The Defendant stated that he ordered Cunerd to get out of the car stating that he and Cunerd were going to fight. The Defendant got out of the car and confronted Cunerd, pushing him into the front hood of the car. At this point, Owens got out of the car and Cunerd jumped from the hood of the car and ran from it with Owens following him in pursuit.

Owens caught Cunerd and began to stab him in the back. When Cunerd fell, Owens pinned him with his knees and continued to stab him. The Defendant claims that during this time, he watched from a distance of around 30 feet. After the stabbing, the Defendant approached Owens and told him to check if anything was in Cunerd’s pockets. Owens did and the Defendant claimed he might have seen his wedding ring which was supposedly taken during the burglary. Owens also found a spoon in Cunerd’s pocket which he stuck in Cunerd’s mouth and kicked down his throat. The Defendant claimed that at this point Owens said they should get out of there and that Cunerd was dead. During the course of the incidence, the Defendant was armed with a pen-gun and Owens with a knife with a seven-inch blade. The Defendant drove Owens home during which Owens stated that he should act like he does not know anything if anything were to come up about the incident.

The Defendant stated that his intention was to beat up Cunerd rather than kill him.