The state Superior Court has denied the appeal of a Bradford man serving a sentence of at least five years in state prison for stabbing another man in September 2011.
Last week, a three-judge panel of state Superior Court judges denied the appeal of Randon Black, 27, who is serving 5 1/2 to 11 years in prison on charges of aggravated assault, simple assault and recklessly endangering another person.
A decision was filed July 31 by retired Senior Judge William Platt.
The case against Black arose from an altercation with David Kelsey in the early morning hours of Sept. 7, 2011. Black had been at Kelsey’s residence for a party. The two argued. Black left the residence, and against Kelsey’s wishes, took a bottle of vodka that belonged to a friend. Kelsey followed Black outside, a physical altercation ensued and Black stabbed Kelsey in the chest, back and neck, according to court records.
Black was convicted at jury trial in June 2012, and sentenced in July of last year. In August, he filed a post-sentence motion, claiming he had acted in self defense, and challenging the weight of the evidence against him. The motion was denied by Visiting Senior Judge William Morgan.
Black, represented by assistant public defender Dennis Luttenauer, filed an appeal to the state Superior Court, arguing his claim of self-defense and challenging the evidence against him.
The Superior Court disagreed, saying the McKean County District Attorney’s office negated any claim of self-defense.
During the course of the incident in September 2011, Black sent text messages to a friend before his altercation with Kelsey. The messages indicated Black was angered by Kelsey and intended to cause him harm, according to court records. The messages said things like “I’m probably gonna hurt someone here” and “dude talking s— on me and I’ll take care of it myself,” the records read. After the altercation with Kelsey, Black’s texts “stated that he deliberately allowed the victim to tackle him so that (Black) could stab him.”
The evidence showed that Black “did not reasonably believe he was in danger of death or serious bodily harm” and that Black “used greater force than was necessary to protect himself, stabbing the drunk, unarmed victim multiple times,” the records read.
The second issue Black raised, regarding a lack of evidence to support his conviction, was not argued in his brief, Platt’s memorandum indicates, and is therefore waived.
Black is currently serving his sentence at the State Correctional Institution at Houtzdale.
