706 S.E.2d 849
Va.2011Background
- Ellis was indicted for maliciously discharging a firearm at or against an occupied building under Code § 18.2-279 in Newport News.
- Bench trial occurred January 9, 2009; Ellis was convicted of the lesser offense unlawfully discharging at or against an occupied building (Class 6 felony).
- Evidence showed Ellis fired toward a person named 'D.A.' from about 30–40 feet away, in an area adjacent to a convenience store.
- The store had employees and patrons; bullets entered the store and shell casings were found nearby; an aerial photo labeled positions.
- Ellis moved to strike, arguing the indictment required proof of specific intent to shoot at the store; the circuit court reserved ruling.
- The circuit court rejected the strict-specific-intent reading; Ellis appealed; the Court of Appeals denied relief; this Court granted further review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Code § 18.2-279 require specific intent to shoot at a building? | Ellis | Ellis | No; general intent suffices |
| Was the evidence legally sufficient to show the store was in the line of fire? | Ellis | Commonwealth | Yes; inference supported line-of-fire knowledge |
Key Cases Cited
- Dowdy v. Commonwealth, 220 Va. 114 (1979) (statute is a felonious endangerment of lives when fired at occupied building)
- Fleming v. Commonwealth, 13 Va.App. 349 (1991) (Code § 18.2-279 is a general intent crime; line-of-fire theory applies)
- Armstead v. Commonwealth, 55 Va.App. 354 (2009) (applies Fleming to shooting into a vehicle)
- King v. Commonwealth, 40 Va.App. 193 (2003) (further application of Fleming rationale)