COURT OF APPEALS OF VIRGINIA
Present: Judges Coleman, Elder and Fitzpatrick
Argued at Richmond, Virginia
LINDA STARKES
MEMORANDUM OPINION * BY
v. Record No. 1458-96-2 JUDGE JOHANNA L. FITZPATRICK
APRIL 1, 1997
COMMONWEALTH OF VIRGINIA
FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND
Walter W. Stout, III, Judge
Matthew T. Paulk, Assistant Public Defender
(David J. Johnson, Public Defender, on
brief), for appellant.
Linwood T. Wells, Jr., Assistant Attorney
General (James S. Gilmore, III, Attorney
General, on brief), for appellee.
Linda Starkes (appellant) was convicted in a bench trial of
attempting to cause bodily injury to a police officer in
violation of Code § 18.2-51.1. The sole issue raised on appeal
is whether the evidence was sufficient to prove an intent to
maim, disfigure, disable or kill Officer Crafton. For the
reasons that follow, we affirm.
Officer Wilfred Crafton (Crafton) responded to a domestic
disturbance at the home of appellant's sister, who informed him
that she wanted appellant removed from the premises. Crafton
observed appellant, who appeared to be intoxicated, and advised
her that she would have to leave or be arrested for trespassing.
Appellant told Crafton that she wanted to show him something
*
Pursuant to Code § 17-116.010 this opinion is not
designated for publication.
first and took him into the kitchen. She showed him a piece of a
copper scouring pad of a type commonly used by people who smoke
crack and said, "[T]his is what they're doing." Crafton advised
appellant that the pad proved nothing because it appeared to be
new. Appellant became angry and slammed a pan down on the table.
Crafton told her that he was placing her under arrest and turned
to leave the kitchen. When appellant screamed, "[T]he police
ain't taking me anywhere," Crafton turned to see her lunging
toward him with a butter knife. Crafton jumped out of the way,
and appellant swung the knife at him again. She missed the
officer but struck an elderly man who was seated nearby, and
"blood just spurted out" from his wound. Appellant screamed
obscenities at Crafton, who maced her. She then dropped the
knife.
"On appeal, we review the evidence in the light most
favorable to the Commonwealth, granting to it all reasonable
inferences fairly deducible therefrom." Martin v. Commonwealth,
4 Va. App. 438, 443, 358 S.E.2d 415, 418 (1987). To sustain
appellant's conviction for attempted unlawful wounding of a
police officer, the Commonwealth must prove that appellant
attempted to cause bodily injury to the officer with the "intent
to maim, disfigure, disable or kill," knowing the officer was
engaged in the performance of his official duties. See Code
§ 18.2-51.1.
Appellant argues that she only intended to keep the officer
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at bay rather than an intent to injure him. However, appellant
followed Crafton into the bedroom, attempted to stab him with the
knife and missed, and struck a third person who was injured.
Under these circumstances, the trial court, as fact finder, could
reasonably conclude that appellant acted with the intent to maim,
disfigure, disable or kill Crafton. Accordingly, the evidence
was sufficient to prove beyond a reasonable doubt that appellant
was guilty of the attempted unlawful wounding of a police
officer.
For the foregoing reasons, we affirm the conviction.
Affirmed.
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