Gerald, T. v. Commonwealth
295 Va. 469
Va.2018Background
- On May 26, 2013, Patricia Gerald’s car rear-ended Paul Welch in Albemarle County; Welch observed Patricia exit the driver’s side and Tarsha (her daughter) exit as a passenger; shortly after, Tarsha ran to the driver’s side, entered the car, and they left the scene.
- Officers Miller and Scopelliti investigated; Miller located the vehicle at an address tied to the car and recorded statements in which Patricia and Tarsha admitted driving at different times and acknowledged suspended licenses.
- Patricia and Tarsha were convicted in Albemarle County General District Court for driving on suspended licenses; they appealed to the circuit court. At the GDC trial they testified under oath denying they had been driving or made the post-accident admissions to Miller.
- The Commonwealth indicted both for perjury based on their GDC testimony; they were tried together in Albemarle County Circuit Court on perjury and the driving charges (bench trial). The circuit court credited Welch, Miller, and Scopelliti and convicted both on perjury and driving-related charges.
- The Geralds challenged (1) sufficiency of evidence for perjury, (2) territorial venue for perjury (GDC is housed in the City of Charlottesville), and (3) Tarsha separately challenged sufficiency for the driving conviction. The Court of Appeals affirmed and the Supreme Court of Virginia consolidated and affirmed both convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for perjury | Commonwealth: testimony and officers’ notes establish false, willful, material sworn denials | Geralds: record lacks proof of the precise questions answered; denials may have been to different/ambiguous questions | Affirmed — reasonable factfinder could find willful false material testimony based on witness testimony and officers’ notes |
| Venue/territorial jurisdiction for perjury | Commonwealth: venue proper in Albemarle because courthouse property is subject to joint jurisdiction | Geralds: perjury occurred in courthouse located in City of Charlottesville, so Albemarle lacks venue | Affirmed — Charlottesville charter grants joint jurisdiction over county property; crimes there may be prosecuted in either jurisdiction |
| Sufficiency of evidence for Tarsha’s driving conviction | Commonwealth: Welch’s eyewitness account and officers’ investigatory statements corroborate Tarsha drove from scene | Tarsha: Welch and officers were incredible/unreliable; testimony contradicted by defense witnesses | Affirmed — credibility is for factfinder; Welch’s testimony not inherently incredible, supported by other evidence |
| Materiality of false statements (perjury element) | Commonwealth: whether defendant was driving at time of accident was central to suspended-license charge | Geralds: denials might concern collateral or different facts | Affirmed — driving at the accident was a singular, material fact to the driving charge; denials were material |
Key Cases Cited
- Pijor v. Commonwealth, 294 Va. 502 (2017) (standard for appellate review of sufficiency of evidence)
- Scott v. Commonwealth, 292 Va. 380 (2016) (appellate review principles; state as prevailing party)
- Mendez v. Commonwealth, 220 Va. 97 (1979) (elements of perjury: lawful oath, willful false swearing, materiality)
- Holz v. Commonwealth, 220 Va. 876 (1980) (definition of materiality for perjury)
- Moseley v. Commonwealth, 293 Va. 455 (2017) (bench-trial sufficiency and inferences)
- Garza v. Commonwealth, 228 Va. 559 (1984) (venue generally where offense occurred; concurrent jurisdiction context)