My Nemesis

Today I am sitting in a Bank waiting to speak with a Banker. A woman and her young son five or six years old walked up to the Teller, the child began disassembling the pylons indicating the line formation. The Mother asked him to stop doing that, he went off the deep end knocked them all down, in a fit of rage. I asked myself how much bad Life could he have experienced in such time for him to have gotten to this point. My answer not necessarily any, he was just a misguided soul, came out of the womb kicking and screaming for no reason. He was just a little Soul with spiritual and temperamental defects, that needed to be addressed early and not be allowed to get out of correlation. This Child’s rage issues needed  a high level of positive communication and spiritual navigation. This Child was never communicated with, I could tell by the way his Mother addressed his tantrums reciprocatingly. I asked myself who was the adult here, as the years accumulate this type of rage increases.

If left unchecked this Child will hurt someone or himself, on the other side of the coin, Harry was a nice kid well behaved, and always made his parents proud. He had one shortcoming, he always wanted to fit in. Fitting in is not a necessity, it’s a trait used to foil loneliness . There is nothing wrong with lonely  moments, they allow you to reflect on yourself. Harry could not deal with being alone for one minute. To fill the void he aligned with anyone who befriends him. That got him in big trouble in Junior High and High School. Unwittingly got hooked up with the wrong crowd, started smoking a little Weed then a lot, started doing a little Coke then his nose became bigger than an Elephants. Having vigilant Parents they kept him in Detox, he always returned to Nose Candy through Peer pressure. Eventually his Parents picked up on the Root cause of their Son’s problems. One day they packed and moved out of their New Jersey neighborhood, for the sticks of North East Pa . Unbeknownst  to them this wasn’t the solution, because there are Drugs in the most remote Suburbs in America.

His need for Friends took him right back to the beginning of his Nightmare Journey, and back to his Nemesis. Over the years I have seen many of fights over nothing, people grown-up with years of Rage, unhinged by Alcohol and Drugs. Harry ate it all up out in the sticks, to his new Friends he was the Man with the Jersey connection. Word of Mouth got him connected with three Boys of Affluent families, High School football players who used Coke. They gave Harry six hundred dollars to make the trip to the old neighborhood. Harry scored nicely with quality and weight, he became ambitious upon his return he announced that he ante was up , and that he would not deliver without more money. These were big Boys who played Football , which wasn’t enough to tame their Rage left unaddressed for years. With their bare hands they beat Harry to Death , in the Drugstore Parking Lot across from The Wilkes Barre P.O. Yet in another incident of Rage, N.Y lower East Village four Pm rush hour traffic, fender bender involving a Porsche and another vehicle. The Driver of the Porsche exists his Vehicle, Forty Five in hand without a word aimed and fired, killing the other Motorist in front of scores of startled Witness. I can not say enough about Blind Rage pent up for years, all their outcomes present Catastrophic results. In another case of Rage mixed with Hate same place in the East Village, four teens wielding Baseball Bats, savagely beat another Teen critically all because they taught he was Gay. In my opinion Rage is the most barbaric way of expressing ones self.

supported Case: Appellants Anthony Tolbert and John Smith were accused, along with another man named Anthony Russo, of beating to death the victim, Hector Maldonado. The Commonwealth’s theory of the case began with Maldonado’s failure to deliver to Russo some drugs that Russo paid Maldonado to secure. After the drug transaction went awry, Russo, Tolbert and Smith searched for Maldonado on the evening of February 28, 1991. The three men went to Maldonado’s residence, spoke to his girlfriend, and ultimately found Maldonado in the early morning hours of March 1, 1991 in the parking lot of Fay’s drug store in Wilkes-Barre.

Upon finding Maldonado, the men began to beat him severely. They dragged him into a car (Russo’s) and continued to beat him as they drove away. They later dumped his body on the roadside. Maldonado was discovered later by a man delivering newspapers and was taken to the hospital where he underwent brain surgery. He never regained consciousness and later died from blunt force trauma to the head and face.

Police sought out and questioned Tolbert and Smith about their involvement in the case; however, police never succeeded in locating Russo.1 Ultimately, Tolbert and Smith were charged with murder, kidnapping and conspiracy to commit murder and kidnapping. They were tried jointly and both testified. Essentially, they admitted to being present in the parking lot during Maldonado’s initial beating but insisted that it was only Russo who beat Maldonado. Both Tolbert and Smith claimed that they did not know Russo was looking for
[448 Pa. Superior Ct. 198]
Maldonado; instead they thought they were accompanying Russo to the home of a girlfriend who needed assistance. Tolbert and Smith further claimed that after Russo beat Maldonado in the parking lot, Russo drove them home. Russo, they insisted, left them at Tolbert’s house and drove off with Maldonado, who, despite his injuries, was alive and well when they last saw him.2

The jury returned verdicts of not guilty for both men on the charges of first degree murder, second degree murder, voluntary manslaughter, kidnapping and conspiracy, but was deadlocked on the charge of third degree murder. After the verdicts, defense counsel filed a motion to dismiss the charge of third degree murder based on double jeopardy and collateral estoppel. The trial court denied the motion and the denial was appealed to this court. A panel of this court held that retrial for third degree murder was not barred by double jeopardy or collateral estoppel since the hung jury was the impetus for the retrial. The Pennsylvania Supreme court denied allocatur and the matters were remanded for retrial. Commonwealth v. Smith, 426 Pa.Super. 31, 626 A.2d 178, 181 (1993), allocatur denied, 537 Pa. 634, 642 A.2d 487 (1994).




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