Commonwealth v. Whiting

�2 On the morning of February 15, 1999, North Coventry Police Officers were dispatched to a reported assault at the CarMike Coventry 8 Theaters located in Chester County, Pennsylvania. Upon their arrival, the officers encountered an elderly female movie theater employee who was handcuffed. The victim advised the police that at approximately 8:30 a.m., as she was opening up the theater for the day’s business, she was confronted by a subject wearing a black mask and black clothing; the subject also brandished a handgun. The suspect forced the employee into a bathroom where she was handcuffed and told to remain. The police determined that three bank bags, containing almost $34,000.00 in United States currency, were stolen, as well as a black strong box containing approximately $100.00.

�3 A witness at the Coventry Square Mall, located across the street from the CarMike Theater, reported a suspicious vehicle parked in the mall lot at approximately 8:25 a.m. on the morning of the robbery. The vehicle had a low tire, which the witness reported to the occupant of the car. The witness described the operator as a black male wearing a tan-colored ski mask. The male attempted to hide behind a newspaper when approached by the witness. The witness provided the officers with the registration number of the suspicious vehicle which was traced to the defendant/appellee, Brian Whiting.