Alleged carjacker gets pre-trial

A pre-trial conference was scheduled for March 2 at a Tuesday arraignment for Leslie Mosby, who allegedly crashed a stolen car into the barriers located at 40th Street and Locust Walk last November.

Mosby is facing charges of attempted murder of the first degree, simple assault, aggravated assault and assault of a law enforcement officer.

On Nov. 21, 2010, Mosby and Karl Sappleton — both armed — allegedly carjacked a gray Cadillac at 50th and Arch streets just before 3 a.m. After crashing, Mosby dropped his weapon and fled on foot across High Rise Field. He was apprehended by police at 39th and Walnut streets shortly thereafter.

Sappleton allegedly fired at the police, who retaliated by fatally shooting the suspect.

According to Richard McSorley — the supervising trial commissioner of the courtroom — Mosby, who turned 19 this January, was not present at the arraignment. He remained in custody on a bail of $250,000.

The formal arraignment — in which a case is formally brought from the lower municipal court to the Court of Common Pleas — ensures that the defendant is assigned an attorney.

Maria Maldonado was present during the arraignment as Mosby’s public defense attorney. According to McSorley, Mosby will likely be assigned another public defender during the pre-trial hearing, where the defense will have an opportunity to negotiate a plea bargain and decide whether to waive Mosby’s right to a trial by jury.

“In this case, based on what this man is looking at, I can’t imagine there’s going to be any plea [bargain],” McSorley said. “To be honest, a lot of times the defense counsel doesn’t even appear at these hearings because they know they’re just to get a [trial] date out.”

According to Penn Law School professor Claire Finkelstein — who is not affiliated with the case — assault of a police officer and attempted murder are the two most serious charges the defendant is facing.

If convicted, Finkelstein said, Mosby will be looking at many years in prison.

“There would be a question, if he were convicted of multiple accounts, of whether or not he would serve his sentences concurrently,” Finkelstein said, adding that this is under the discretion of the judge.

Finkelstein was a little puzzled that Mosby is not facing any charge of weapon possession. One possible explanation is that the charge of aggravated assault encompasses the fact that the defendant was carrying a weapon.

Finkelstein added that attempted murder may relate to the fact that Mosby led the police on a dangerous car chase, as it is not clear he fired at police.

The Philadelphia District Attorney’s Office cleared the four University Police Department officers of any criminal wrongdoing on Jan. 24, stating that the officers were defending themselves when they shot and killed Sappleton.

Mosby has a past criminal record, including illegal possession of contraband.

Finkelstein said Mosby’s past criminal record should not influence whether or not he is proven guilty but can impact the severity of his sentencing.

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