Commonwealth v. Gibbs

OPINION OF THE COURT

FLAHERTY, Justice.

This is an appeal from an order of the Superior Court affirming the denial by the Court of Common Pleas of Pike County of a petition of appellant, Barry Gibbs, to preclude the Commonwealth from seeking the death penalty at his second trial based on certain statutory aggravating circumstances listed in 42 Pa.C.S. § 9711(d), 403 Pa.Super. 27, 588 A.2d 13.

Gibbs was solicited by the wife of a housing development security guard to kill her husband. It is not clear whether Gibbs also agreed to kill another guard, who was the ultimate and only victim. The wife…