Gary Alexander Cuffee v. Commonwealth of Virginia
61 Va. App. 353
| Va. Ct. App. | 2013Background
- In August 2010, Beverly Smith is confronted by Cuffee after an earlier encounter with him near Broadlawn in Chesapeake.
- Cuffee and a companion fire multiple shots at Beverly and Joe Smith, with bullets narrowly missing Beverly.
- Joe identifies Cuffee as the shooter four days after the incident; Beverly identifies him at trial and in a prior photo array.
- Cuffee is indicted in December 2010 on two counts each of attempted malicious shooting and use of a firearm, plus a firearm-discharge near a school and felon-in-possession charges.
- A bench trial is held in March 2011; witnesses for the Commonwealth and for the defense testify, with credibility disputes highlighted by the court.
- The trial court convicts Cuffee on all counts; sentencing orders total 22 years with 12 years suspended.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of identity evidence | Identity supported by Joe and Beverly identifications. | Identifications were equivocal; alibi testimony undermines linkage. | Identity evidence sufficient to convict. |
| Discharging on government property near a school | Broadlawn streets are public property; firing from street constitutes discharge on public property. | Not proven that firing occurred on government-owned property. | Evidence sufficient; conviction affirmed. |
| Intent to shoot Beverly (attempted malicious shooting) | Appellant intended to shoot Beverly due to altercation and proximity during firing. | No specific intent to shoot Beverly; conduct did not show targeting her. | Evidence supports specific intent to shoot Beverly; conviction affirmed. |
Key Cases Cited
- Neil v. Biggers, 409 U.S. 188 (U.S. Supreme Court 1972) (identify reliability factors for eyewitness identification)
- Brown v. Commonwealth, 37 Va. App. 507 (Va. Ct. App. 2002) (considerations for eyewitness identification credibility)
- Bob Crawley v. Commonwealth, 25 Va. App. 768 (Va. Ct. App. 1997) (distinguishing mere shooting from intended target in attempted malicious wounding)
- Currie v. Commonwealth, 30 Va. App. 58 (Va. Ct. App. 1999) (rejecting inference that prior familiarity determines identification reliability)
- Charity v. Commonwealth, 24 Va. App. 258 (Va. Ct. App. 1997) (eyewitness identification reliability considerations)
- Sandoval v. Commonwealth, 20 Va. App. 133 (Va. Ct. App. 1995) (credibility and weight given to witness testimony on appeal)
- Commonwealth v. Jackson, 443 U.S. 307 (U.S. Supreme Court 1979) (standard for sufficiency of evidence on appeal)
- Vincent v. Commonwealth, 276 Va. 648 (Va. 2008) (standard for reviewing sufficiency of evidence)