Virginia Shooting Intent Lawyers Attorneys

Virginia Shooting Intent Lawyers Attorneys

by

Atchuthan Sriskandarajah

TARQUIA SIMONE STAGG v. COMMONWEALTH OF VIRGINIA

COURT OF APPEALS OF VIRGINIA

October 26, 2010, Decided

Factual Background:

The appellant was convicted for murder, malicious wounding, and two counts of use of a firearm during the commission of a felony. Appellant and father fired at two persons in front of a convenient store. Appellant testified he had no intention of harming anyone, and denied having planned the shooting with his father. He stated he had made a bad decision to leave the crime scene.

Issue:

Whether the evidence was sufficient for conviction?

Discussion and Holding:

Viewing the evidence in the light most favorable to the

Commonwealth

and according it all reasonable inferences therefrom, the fact finder could conclude that, after having left the store and returned to Griffin’s car, appellant then followed the victims back into the store and confronted Nichols with the accusation that he touched or hit Griffin’s car. While appellant was inside the store confronting Nichols, Griffin was retrieving the gun from the trunk of the car. Appellant’s repeated questioning and interaction drew the victims towards Griffin’s car, exposing them to Griffin’s gunfire. Appellant’s conduct therefore constitutes the overt act required to support a finding of guilt as a principal in the second degree.

The evidence further supports the jury’s finding that appellant’s conduct was knowingly in furtherance of the commission of Griffin’s crime, i.e., appellant intended his actions to aid in Griffin’s shooting Nichols and Lamb. The jury viewed the video recording of the incident and permissibly concluded from the circumstantial evidence that appellant was actively involved in the crimes and shared his father’s criminal intent.

The evidence fully supports the jury’s verdicts. Noting that an appellate court is “not permitted to reweigh the evidence,” the court affirmed appellant’s convictions.

Disclaimer:These summaries are provided by the SRIS Law Group. They represent the firm s unofficial views of the Justices opinions. The original opinions should be consulted for their authoritative content

Atchuthan Sriskandarajah is a

Virginia lawyer

and owner of the SRIS Law Group. The SRIS Law Group has offices in Virginia, Maryland, Massachusetts, New York, North Carolina & California. The firm handles criminal/traffic defense, family law, immigration & bankruptcy cases.

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