818 S.E.2d 823
Va. Ct. App.2018Background
- Appellant Andrew Spratley deliberately pushed over a KH-100 Bizerba scale in a Wegmans, shattering it; the scale was functioning prior to the incident.
- The scale was unrepairable and the manufacturer no longer produced that model.
- Wegmans replaced the destroyed Bizerba with a Mettler Toledo scale that was described as “virtually identical” in design and operation.
- The replacement Mettler scale cost $4,090.
- Appellant was convicted of felony destruction of personal property (Code § 18.2-137) based on proof that replacement cost exceeded $1,000; he argued the Commonwealth failed to prove the statute’s required “fair market replacement value.”
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Commonwealth proved the property’s value under Code § 18.2-137 | Baylor and larceny precedent require proof of an item’s actual/market value at time of loss; replacement cost alone is insufficient | Statute expressly allows proving loss by "fair market replacement value," so cost of obtaining equivalent substitute is admissible | The term "fair market replacement value" permits proof by the cost of replacing with an equivalent item; conviction affirmed |
Key Cases Cited
- Baylor v. Commonwealth, 55 Va. App. 82 (reversal where replacement cost alone failed to establish actual market value for larceny)
- Grimes v. Commonwealth, 62 Va. App. 470 (distinguishing replacement value from market/actual value in larceny context)
- Parker v. Commonwealth, 254 Va. 118 (value of stolen property measured at time of theft)
- Kelly v. Commonwealth, 41 Va. App. 250 (standard for reviewing sufficiency of evidence)
- Brown v. Commonwealth, 284 Va. 538 (presumption that different statutory terms have different meanings)