Alexander Michael Edwards v. Commonwealth of Virginia
0939163
Va. Ct. App.Apr 11, 2017Background
- In Dec. 2013, Alexander Michael Edwards (age 20) tattooed two girls, K.M. (12, learning-disabled) and F.M. (11), against their will using a tattoo gun kept in the home. The girls resisted, were hurt, and the tattoos were permanent.
- Appellant had a history of violence in the home and had previously sexually assaulted K.M.; the girls testified they were afraid and felt helpless.
- After the tattoos were discovered, law enforcement investigated; Daniel (mother’s boyfriend) attempted to remove the tattoos and appellant was arrested.
- While jailed awaiting trial, appellant wrote a letter to inmate Robert Farrar offering $5,000 to have two prosecution witnesses killed and verbally solicited Farrar’s help; Farrar gave the letter to authorities and testified he never intended to assist.
- At a bench trial appellant was convicted of two counts of malicious wounding (Code § 18.2-51) and conspiracy to murder (Code § 18.2-22); appeal contested sufficiency of evidence on intent to disfigure and existence of an agreement for conspiracy.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Edwards) | Held |
|---|---|---|---|
| Whether evidence proved specific intent to maim, disfigure, disable, or kill for malicious wounding | Tattoos were inflicted maliciously; facts support inference appellant intended to disfigure victims’ appearance | Appellant lacked intent to disfigure—he intended to "put art" on the children, not to maim or disfigure | Affirmed: evidence supported intent to disfigure given force, resistance, pain, permanence, and attendant circumstances |
| Whether evidence established an agreement necessary for conspiracy to commit murder | Solicitation of Farrar and the written offer constituted an agreement to conspire | No agreement—Farrar never agreed and instead reported the letter to authorities | Reversed and dismissed: no evidence Farrar agreed; conspiracy not proved |
Key Cases Cited
- Campbell v. Commonwealth, 12 Va. App. 476 (defines need to prove intent to maim/disfigure for malicious wounding)
- Banovitch v. Commonwealth, 196 Va. 210 (intent must be proved as a matter of fact; legal presumption insufficient)
- Fletcher v. Commonwealth, 209 Va. 636 (malice and intent may be inferred from words, acts, and natural consequences)
- Gray v. Commonwealth, 260 Va. 675 (conspiracy completes on agreement; plurality of intent required)
- Fortune v. Commonwealth, 12 Va. App. 643 (no conspiracy where alleged co-conspirator intends to foil scheme)
