Convicted killer wants sentence reduced
A Fayette County prosecutor is asking a federal district judge to dismiss the appeal of a man serving 22 ½ to 45 years in jail on a 2003 conviction for third-degree murder and robbery of a motor vehicle.
Tyrique Patterson, 33, who is housed at the State Correctional Institute at Rockview in Bellefonte, claimed in an appeal filed earlier this year that his conviction should be reduced from third-degree murder to voluntary manslaughter, and argued that the verdict went against the weight of the evidence, which failed to establish that he acted maliciously.
Patterson fatally shot Tony Thomas in South Hill Terrace in Brownsville in November 2002.
Patterson also claimed his trial attorney was ineffective for failing to call a witness, and because the attorney had a close personal relationship with the jury foreperson. Also, Patterson contended his trial counsel failed to challenge some of the prosecution’s peremptory exemptions to potential jurors, which he claimed had to do with racial bias.
Patterson appealed his conviction in Fayette County court after his conviction, and claimed that appeal fell through because his attorney abandoned him. After a number of appeals were filed beyond their deadlines, Patterson brought his case to federal court, according to court filings.
In a response filed May 31, Assistant District Attorney Anthony S. Iannamorelli Jr. refuted the notion that the conviction should be reduced, and that the verdict was against the weight of evidence, because prosecutors had proved beyond a reasonable doubt at trial that Patterson acted maliciously. Malice is a legal element necessary to convict someone of murder.
Citing case law, Iannamorelli stated, “It is well settled that the intentional use of a deadly weapon on a vital part of the body raises a permissible inference of malice.” The victim was shot in the neck, a vital part of the body, he said.
Eyewitnesses also confirmed Patterson acted maliciously, he said. The fact that Patterson put a gun to a woman’s head and stole her vehicle immediately after the shooting supported the claim that he acted maliciously, Iannamorelli noted.
Further, Iannamorelli pointed out that the claims Patterson raised had to do with the weight and not the sufficiency of evidence, an issue that cannot be heard by a federal court considering such a petition.
Additionally, Iannamorelli argued trial counsel was not insufficient in failing to call a witness, because there was no evidence the witness in question was ready, willing or able to testify. In fact, that witness claimed Patterson did have a gun and was threatening the victim, which would not have helped in his defense, Iannamorelli said.
The other claims related to insufficiency of trial counsel were also without merit, Iannamorelli wrote.
Before the shooting for which Patterson was convicted occurred, a brief argument between Patterson and Justin Thomas erupted earlier in the night of Nov. 29, 2002, according to testimony. That argument centered around a scuffle Patterson and Thomas’ brother, Tony, had at the Brownsville Elks club.
According to testimony, Tony Thomas came to the club after a friend called and said his brother was in a fight.
Witnesses at the trial testified that when Tony Thomas arrived, Patterson was getting ready to leave, and the two had words. Patterson and girlfriend headed to their home in South Hill Terrace, and Tony Thomas, who lived across the street, arrived a few minutes later, according to testimony.
Another verbal altercation ensued, and at some point Patterson drew a gun and shot, and the bullet struck Tony Thomas in the neck. Witnesses said he died instantly.
A judge will make a decision regarding Patterson’s appeal at a later date.