The Commonwealth charged the defendant with intimidation of a witness under 18 Pa.C.S. § 4952(a)(1), which contains as an element that the accused acted with the intent to intimidate any witness to refrain from informing law enforcement of some event. However, the proofs at trial, jury instructions, and arguments all covered § 4952(a)(2) (to encourage a witness to give false testimony) and § 4952(a)(3) (to encourage the witness to withhold testimony or information). The Superior Court ruled that the issue was waived because the defendant raised it for the first time just prior to sentencing. However, the defendant convinced the Superior Court to grade his intimidation conviction a misdemeanor of the second degree, as opposed to a felony of the first degree.
