Ashley Jennifer White v. Commonwealth of Virginia
68 Va. App. 111
| Va. Ct. App. | 2017Background
- Ashley White left her five-year-old son and infant daughter at home while she took her husband to work; later she napped after taking prescription Suboxone and the son was left unsupervised.
- She awoke to find the front door open, the TV blaring, and her son missing; after a four-day search his body was recovered from her backyard septic tank whose lid was unsecured.
- The septic tank lid was a two-foot plastic disc that originally had safety screws; only one screw was found in place when the tank was drained and no other fasteners were located.
- Evidence showed White knew of the septic tank, had seen her son standing on the lid 1–2 months earlier and told him not to do so, and had been told (by others) that toys had been found near the tank during prior work.
- At trial the court convicted White under Va. Code § 18.2-371.1(A) (willful act/omission causing serious injury or death); on appeal White challenged only that conviction, arguing insufficient evidence of a willful act/omission and causation.
Issues
| Issue | Plaintiff's Argument (White) | Defendant's Argument (Commonwealth) | Held |
|---|---|---|---|
| Whether evidence proved a "willful act or willful omission" under § 18.2-371.1(A) | White: she napped and did not know the lid was unsecured; mere negligence is insufficient | Commonwealth: White knew the tank/lid existed, saw son on the lid previously, and knew toys had been found — showing awareness of the danger | Reversed — evidence insufficient to show willfulness (no proof White was advertent to likelihood of serious injury) |
| Whether White's omission caused or permitted the child’s death | White: even if unattended, no proof her omission likely would cause death | Commonwealth: leaving a young child unsupervised near a hazardous unsecured septic tank permitted the death | Court did not decide causation after holding willfulness insufficient (no need to reach causation) |
Key Cases Cited
- Barrett v. Commonwealth, 268 Va. 170 (Supreme Court of Virginia) (defines "willful" as knowledge/awareness that conduct likely will cause injury)
- Ellis v. Commonwealth, 29 Va. App. 548 (Court of Appeals of Virginia) (reversing felony neglect where defendant lacked awareness of particular danger)
- Mangano v. Commonwealth, 44 Va. App. 210 (Court of Appeals of Virginia) (willful omission requires advertence to likelihood of harm)
- Morris v. Commonwealth, 272 Va. 732 (Supreme Court of Virginia) (insufficient evidence of willfulness where defendant’s deep sleep lacked proof of reckless disregard)
- Kelly v. Commonwealth, 41 Va. App. 250 (Court of Appeals of Virginia) (standard for appellate sufficiency review quoting Jackson)
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court) (establishes standard that conviction must be supported by evidence from which any rational trier of fact could find guilt beyond a reasonable doubt)
- Juniper v. Commonwealth, 271 Va. 362 (Supreme Court of Virginia) (circumstantial evidence may collectively support guilty inference)