Commonwealth v. Simmons

DISSENTING OPINION BY

WECHT, J.

Ernest Simmons [“Appellant”] made threats against Derek Henderson [“Henderson”] that were never communicated to Henderson. Instead, the threats were voiced only to third parties while Appellant was in the hospital. The majority concludes that those threats, albeit unknown to Henderson, constituted as-saultive behavior against Henderson which violated Appellant’s probation.

Appellant’s statements constituted repugnant behavior, not assaultive behavior. As a matter of law, Appellant could not lawfully be sentenced to prison for the former. I respectfully dissent.

In…