History
  • No items yet
midpage
Alexander Michael Edwards v. Commonwealth of Virginia
0939163
Va. Ct. App.
Apr 11, 2017
Read the full case

Background

  • 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)
Read the full case

Case Details

Case Name: Alexander Michael Edwards v. Commonwealth of Virginia
Court Name: Court of Appeals of Virginia
Date Published: Apr 11, 2017
Docket Number: 0939163
Court Abbreviation: Va. Ct. App.