OFFICE OF THE DISTRICT ATTORNEY

By: Jan McDermott

Assistant District Attorney
Three South Penn Square
Philadelphia, PA 19107

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

CRIMINAL SECTION TRIAL DIVISION

COMMONWEALTH OF : CHARGES: Attempted Murder;

Aggravated Assault on Law
: Enforcement; Aggravated Assault;
: 6106; 6108 & PIC
:
PENNSYLVANIA :
: CP-51-CR-0002618-2016
v. :
:
EDWARD ARCHER : NL: 05:14:2018
______________________________________________________________________________

MEMORANDUM FOR SENTENCING

On February 1, 2018 the Defendant Edward Archer was convicted by a jury of his peers

of the following charges: Attempted Murder (F1): Aggravated Assault (F1); Aggravated Assault

of a Law Enforcement Officer (F1); Carrying a Firearm without a License (F3); Carrying a

Firearm in Philadelphia (M1); and Possession of an Instrument of Crime (M1). Your Honor

ordered a Presentence Investigation and Mental Health Evaluation, and scheduled sentencing for

May 14, 2018 in Courtroom 1108.

FACTS

On January 7, 2016 at approximately 11:41 in the evening, 18th District Police Officer

Jesse Hartnett was working alone and in uniform. He was travelling northbound on 60th Street in

a marked patrol vehicle. As Officer Hartnett entered the intersection of 60th and Spruce Streets,
the Defendant, dressed in Muslim attire and wearing a mask and gloves, discharged an illegal

9mm semi-automatic handgun at him twelve times. At one point during the attack, the

Defendant physically entered the police cruiser, and Officer Hartnett shielded his head and

sought cover from the barrage of gunfire underneath the mobile digital computer attached to the

dashboard . Officer Hartnett was struck three times in his left arm. A major artery in his arm

was severed and his elbow was shattered. Incredibly, using his legs and his right arm to open the

driver’s side door, the officer was able to exit his vehicle and pursue the Defendant as he ran

south on 60th Street. As he returned fire, Officer Hartnett struck the Defendant one time in the

buttocks.

Fellow 18th District Police Officers Caesar and Outlaw were parked approximately a

block away when they heard the gunshots. As the arrived on the scene, they observed Officer

Hartnett firing back at the Defendant. They pursued the defendant and arrested him in the 6100

block of Delancey Street. The 9mm handgun that was recovered from the Defendant was a

ballistic match to both the bullets and fired cartridge casings from the scene. The bullet that was

recovered from the rear area of the Defendant’s pants was a ballistic match to PO Hartnett’s .45

semi-automatic handgun. The entire shooting incident was captured on video and the Defendant

gave an audio and videotaped statement to homicide detectives admitting that he ambushed

Police Officer Hartnett on the evening of January 7, 2016.

As a result of this incident, Officer Hartnett has undergone 11 surgical procedures. He has

a cobalt chromium replacement elbow and suffers from permanent nerve damage. In addition, as

a result of this unwarranted attack, he will likely never be able return to the police force.
 PROCEDURAL HISTORY

On March 10, 2016, the Defendant was held for court. On January 22, 2018, jury

selection began in courtroom 305. On January 25, 2018, testimony began. On February 1, 2018,

a jury of the Defendant’s peers returned a guilty verdict on the following charges:

 Count 1 – Attempted Murder (F1)

18 Pa.C.S. § 901/2502

o Mandatory Minimum sentence: 20 to 40 years incarceration

 Count 2 – Aggravated Assault (F1)

18 Pa.C.S. § 2702

o Maximum sentence: 10 to 20 yea’s incarceration

 Count 3 – Aggravated Assault on a Law Enforcement Officer

18 Pa.C.S. § 2702.1

o Maximum Sentence: 20-40 years incarceration

 Count 4 – Carrying a Firearm without a License

18 Pa.C.S. § 6106

o Maximum sentence: 3.5 to 7 years incarceration

 Count 5 – Carrying a Firearm in Public in Philadelphia (M1)

18 Pa.C.S. § 6108
 o Maximum sentence: 2.5 to 5 years incarceration

 Count 6 – Possession of an Instrument of Crime (M1)

18 Pa.C.S. § 907

o Maximum sentence: 2.5 to 5 years incarceration

Therefore, the Defendant’s maximum sentence is a total of 48.5 years to 97 years of

incarceration. The charge of Aggravated Assault on Law Enforcement carries a mandatory

minimum sentence of 20 – 40 year’s incarceration. The Defendant’s guidelines for the charge of

Attempted Murder are as follows: 14 / 1. Applying the Deadly Weapon Used matrix, the

Defendant’s guidelines are as follows: 102-SL(statutory limit). The Defendant’s guidelines for

the charge of Aggravated Assault are as follows: 11 / 1. Applying the Deadly Weapon Used

matrix, the Defendant’s guidelines are as follows: 60 – 78 + 12. For purposes of sentencing, the

charge of Aggravated Assault merges with the charge of Attempted Murder. The Defendant’s

guidelines for the charge of 6106 are as follows: 9 / 1. Applying the standard sentencing matrix,

the Defendant’s guidelines are as follows: 18 - 30 + 12. The Defendant’s guidelines for the

charge of 6108 are as follows: 5 / 1. Applying the standard sentencing matrix, the Defendant’s

guidelines are as follows: 1 - 12+ 3. The Defendant’s guidelines for the charge of Possession of

an Instrument of Crime are as follows: 4 / 1. Applying the standard sentencing matrix, the

Defendant’s guidelines are as follows: RS - 9 + 3.

ARGUMENT

The Commonwealth requests the Defendant be sentenced to a maximum term of 48.5 to

97 years of incarceration. The need to protect the community, the gravity of the current offense,

the Defendant’s prior criminal record, and the absence of any mitigation whatsoever necessitate

this prison sentence.

 The Defendant Edward Archer stands before Your Honor as a 33 year old male with four

adult arrests, four convictions and one commitment. It should be noted that he was on parole for

illegally possessing a firearm at the time of the commission of this offense (CP-51-CR-0006717-

2013). In addition, the Defendant was also awaiting sentencing in Delaware County for a

November 23, 2015 conviction for Accidents Involving Damage to Attended Vehicle or

Property, Forgery and related offenses (CP-23-CR-0007201-2014). Clearly, an individual who

commits a violent shooting four days before he is scheduled to be sentenced in Delaware County

while on parole for possessing a gun demonstrate Defendant’s complete failure to follow any

court ordered supervision and an utter lack of regard for the laws of this Commonwealth.

Furthermore, it is worthy of mention that the Defendant intentionally chose not to

participate in the pre-trial proceedings and during his trial. In December 2017, the Defendant

stopped speaking to his attorney, Trevan Borum, Esquire. On June 13, 2017, at a case

scheduling conference before Judge Sierra Thomas-Street, the original trial judge, the Defendant

refused to be brought down from The Curran-Fromhold Correctional Facility. The case was

continued to the following day whereupon the Defendant refused to state his name or swear of

affirm to answer questions truthfully. Judge Street then appointed a second attorney, Michael

Coard, Esquire, to represent the Defendant. Although, the Defendant reportedly had spoken to

Mr. Coard on more than one occasion, he ultimately refused to cooperate with Mr. Coard as well.

Prior to the inception of the trial, a total of five Mental Health Evaluations were ordered by the

court for the Defendant. Each time, the defendant refused to participate. This court, at an

Incompetency Hearing on December 18, 2017, found the Defendant to be competent and stated

that the Defendant “chose not to be cooperative with his attorneys at his own discretion”.

Similarly, the Defendant refused to participate in The Presentence interview on February 18,
2018 and The Mental Health Evaluation on April 19, 2018 which were both ordered by this court

on February 1, 2018.

IMPACT ON THE VICTIM

It goes without saying that this incident has forever changed Police Officer Jesse

Hartnett. As indicated, he has sustained permanent damage to his left arm. However, the

emotional impact of the crime is far greater than any physical injury. Officer Hartnett’s lifelong

dream was to become a police officer. He took great pride in his job as an officer in West

Philadelphia working arguably one of the most dangerous shifts in one of the most violent areas

of the entire city. Officer Hartnett just like the other brave men and women assigned to the

Philadelphia Police Department is tasked with protecting the citizens of Philadelphia. While

ordinary citizens might run from danger, Officer Hartnett and the other men and women of the

Philadelphia Police Department run towards it. These brave men and women do this without

asking questions and without hesitation just so they can protect the citizens of Philadelphia,

citizens that include Edward Archer.

The unprovoked actions of the Defendant on the night of January 7th, prove just how

dangerous a profession it is to be a police officer. Officer Hartnett was ambushed and nearly

assassinated for what he represented to the Defendant. The testimony of Officer Hartnett during

this jury trial indicated just how this event has forever changed him. Your Honor witnessed

Officer Hartnett’s emotions when he re-lived the events of that night It is not easy for a grown

man to stand up in front of strangers and be vulnerable about his feelings or emotions.

CONCLUSION
 For all the reasons detailed above, the Commonwealth respectfully requests the Court

sentence the Defendant to an aggregate sentence of 48.5 to 97 years state incarceration, which

would be consistent with “the protection of the public, the gravity of the offense as it relates to

the impact on the community, and the rehabilitative needs of the defendant.” 42 Pa. C.S. §

9721(b).

Respectfully submitted,

___________________________
Jan McDermott
Assistant District Attorney
 VERIFICATION

The undersigned hereby verifies that the facts set forth in the foregoing motion are true and
correct to the best of my knowledge, information, and belief. This verification is made subject to
the penalties for unsworn falsification to authorities pursuant to 18 Pa. C.S. Section 4904.

CERTIFICATE OF SERVICE

I hereby certify that on this date, I have caused the foregoing Commonwealth
Memorandum to be served on the following parties, and in the manner indicated below:

SERVICE AS FOLLOWS:

The Honorable Leon Tucker

Via electronic mail

Trevan Borum, Esq

Michael Coard, Esq.
Counsel for defendant
Via electronic mail

____________________________
Jan McDermott
Assistant District Attorney

Date: May 8, 2018