Bid for reduced sentence rejected
Mark Storms appealed manslaughter conviction, sought reconsideration of his prison term for fatal church shooting
A Lansdale man has lost his bid for a reduced sentence for fatally shooting a fellow parishioner during a disturbance at a Montgomery Township church.
Mark T. Storms, 47, of the 1000 block of Lakeview Drive, will have to serve the 10- to 20-year prison term that was imposed against him last month in full, according to an order filed Tuesday by Montgomery County Judge Gary
S. Silow. The judge rejected Storms’ requests to reconsider the sentence and to throw out a jury’s voluntary manslaughter conviction.
“Defendant is hereby advised of his right to appeal the denial of his post-sentence motion to the Pennsylvania Superior Court within thirty days of the date of this order,” wrote Silow, who did not elaborate on his reasons for the denial.
Silow will have to put his reasons in writing only if Storms appeals his conviction and sentence to the state court.
During a trial last November, a jury rejected Storms’ claim of self-defense and convicted him of charges of voluntary manslaughter and recklessly endangering other persons in connection with the 11:24 a.m. April 24, 2016, fatal shooting of Robert E. Braxton III, 27, of Lower Gwynedd, who was unarmed, inside Keystone Fellowship Church in the 400 block of Stump Road.
On April 18, Silow sentenced Storms to 10 to 20 years in state prison and two years’ probation after he’s paroled, meaning Storms will be under court supervision for 22 years.
In court papers, defense lawyer Brooks T. Thompson, who is representing Storms during the appellate process, argued the jury’s verdict “was against the weight of the evidence with respect to jury’s finding that defendant’s actions were not justified by self-defense.”
Thompson also argued the sentence imposed against Storms was excessive and that the judge relied on the grief suffered by the victim’s relatives and friends as justification for the sentence.
Thompson argued the judge, in imposing the sentence, did not give adequate consideration to Storms’ “clear remorse for the death of the victim and the grief caused to the victim’s loved ones,” testimony that Storms had a reputation as a “peaceable, caring, law abiding, responsible father,” and that Storms “acted under strong provocation.”
The jury determined Storms had no legal justification to shoot Braxton.
With the voluntary manslaughter charge Assistant District Attorney Laura Bradbury and co-prosecutor Kristen Feden alleged Storms intentionally or knowingly killed Braxton under an “unreasonable” belief that the shooting was justified. Prosecutors contended Storms had no legal justification to shoot Braxton.
With the reckless endangerment charge, authorities alleged Storms, who attended the church service “armed with his loaded Ruger LC9 9 mm semi-automatic handgun,” recklessly engaged in conduct that placed Braxton and the estimated 300 other parishioners who were in the church at the time in danger of death or serious bodily injury.
Defense lawyer Vincent DiFabio, who represented Storms at trial, argued Storms went to church with no intent to harm anyone. DiFabio suggested at trial that Storms acted in selfdefense, under a reasonable belief that he was in fear of serious bodily injury or death at the time of an altercation with Braxton.
Testimony revealed Braxton suffered gunshot wounds to the chest and shoulder, the chest wound piercing Braxton’s lung and heart.
The investigation, according to testimony, revealed Braxton, while attending the 11 a.m. service, became verbally disruptive when a fellow church member seated behind him touched him on the shoulder to let Braxton know he had taken an already occupied or reserved seat. Witnesses told authorities a church usher and an associate pastor intervened and tried to calm an agitated Braxton. They ultimately allowed Braxton to remain in the seat.
Braxton’s father previously said Braxton was “upset” and behaving “out of character” that day.
Prosecutors alleged Storms “injected” himself into the situation, approached Braxton, displayed a concealed weapons permit badge and his Ruger handgun and then acted without legal authority and told Braxton he had to leave the sanctuary.
During an exchange of words, Braxton punched Storms in the jaw and Storms then shot Braxton two times, according to testimony.
When police arrived at the church Storms identified himself as the shooter and police secured a semiautomatic handgun from a black holster in Storms’ right waistband, according to the criminal complaint filed by county Detective Paul Bradbury and Montgomery Township Detective Todd Walter.
During an interview, Storms, who attended the service with his wife and son, claimed he fired two shots when Braxton began to charge at him with both fists clenched, according to court papers.