Commonwealth v. Belsar

*348 OPINION OF THE COURT

FLAHERTY, Justice.

On the evening of October 8, 1992, Clarence Belsar purchased a .22 caliber semi-automatic rifle. At about 12:30 a.m. that evening, Belsar called the victim, James Bohatch, and asked him to meet Belsar at a parking lot. He claimed that he had a fight with his wife and needed a ride to a girlfriend's house. When Bohatch arrived at the parking lot about 1:30 a.m. on October 9, Belsar told Bohatch he would have to retrieve his clothes from behind a fence. Belsar went behind the fence and instead retrieved the rifle he had earlier purchased. He then shot…