Carosi v. Com.
701 S.E.2d 441
| Va. | 2010Background
- Search of Carosi's Stafford County home at 214 Oak Grove Lane; children aged 10, 5, and 3 present during the search.
- Drugs and drug paraphernalia found in master bedroom wardrobe and unlocked safe (marijuana, MDMA, cocaine, oxycodone); two bongs; plate with razor blades; powdery residue on a scale.
- Wardrobe and safe were unlocked; no lock on master bedroom door; items within reach of a small child.
- Thomas, father of two children, claimed ownership of the wardrobe and safe; testified most drugs were his; Carosi denied knowledge of drugs.
- Carosi was charged with three counts of child endangerment under Code § 40.1-103(A) and three counts of drug possession; jury acquitted on drug charges but convicted on three child endangerment counts; Court of Appeals later denied relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient scienter/knowledge of the drugs. | Carosi contends she had no knowledge of the drugs. | Commonwealth argues the evidence supports inference Carosi knew of the drugs and shared dominion over them. | Yes; evidence supported inference of knowledge and dominion. |
| Whether leaving drugs accessible to children supports criminal negligence under 40.1-103(A). | Carosi argues mere potential access is insufficient without actual exposure or drug activity. | Commonwealth asserts access to drugs suffices for mens rea given surrounding circumstances. | Yes; totality supports criminal negligence under the statute. |
Key Cases Cited
- Jones v. Commonwealth, 272 Va. 692 (2006) (criminal negligence may be shown by environment of drug trade and unattended access, not per se rule)
- Lovisi v. Commonwealth, 212 Va. 848 (1972) (early framing of child endangerment mens rea)
- Brown v. Commonwealth, 278 Va. 523 (2009) (defining criminal negligence element and standard of review)
- Drew v. Commonwealth, 230 Va. 471 (1986) (constructive possession standard and evidence sufficiency)
- McMillan v. Commonwealth, 227 Va. 11 (2009) (constructive possession principles in drug cases)
- Carter v. Commonwealth, 21 Va.App. 150 (1995) (statutory interpretation and evidentiary sufficiency under related statutes)