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Commonwealth v. Santos6/20/2005
s disregarded this warning and not only continued to manipulate the loaded gun, but did so with the barrel facing the young children. Furthermore, Officer Rone's testimony was that Santos must have had his hand on the gun's trigger while he was pulling the gun's slide because only a pull of the trigger could have caused the fatal shot that hit Felicia's head. Viewing this evidence in the light most favorable to the Commonwealth as we must when reviewing a trial court's order granting a petition for habeas corpus, the Commonwealth clearly presented sufficient evidence to support a prima facie finding that Santos "consciously disregarded an unjustified and extremely high risk that his actions might cause death or serious bodily injury." Young, 431 A.2d at 232 (citations omitted); compare Taylor 337 A.2d at 548-49; Scales 648 A.2d at 1207; Urbanski, 627 A.2d at 793-94.
Accordingly, the Superior Court's order is reversed and this case is remanded for further proceedings consistent with this opinion.
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