Gregory Anthony Taylor v. Commonwealth of Virginia, 1390162

On Nov. 23, 2014, Gregory Taylor killed Kenneth Beasley and Radford Ranson in Ranson’s basement; Beasley had both a gunshot wound and fatal stab wounds, Ranson died of knife wounds.
Investigators found a .357 revolver (fired twice) and two knives near Ranson’s body; gun and knives were bloodied; Ranson’s and Beasley’s blood was on the gun; ballistics were inconclusive as to one recovered bullet.
Taylor was encountered outside the house covered in blood and made multiple statements admitting he had killed the men and describing grabbing and firing the gun and later stabbing with knives after a struggle for the gun.
At trial the court rejected Taylor’s self-defense account, found he had intent to kill (premeditation), and convicted him of capital murder, two counts of first-degree murder, two counts of using a firearm in the commission of a felony (Code § 18.2-53.1), and felon-in-possession.
On appeal Taylor challenged only the conviction for using a firearm in Ranson’s murder, arguing the evidence did not show he used, attempted to use, or displayed the firearm against Ranson (who was not shot).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for conviction under Code § 18.2-53.1 (use/attempt to use or display firearm while committing murder of Ranson)	Taylor: No evidence he used/attempted to use or displayed a firearm against Ranson; Ranson died of knife wounds, not gunshot	Commonwealth: Evidence shows Taylor fired the gun while Ranson was present, struggled over the gun, had victims’ blood on the gun, and then stabbed them—supporting use/attempted use or threatening display during the murder	Affirmed: Evidence (shots fired with Ranson present, struggle for the gun, blood on gun, admissions) supports conviction for using/attempting to use or displaying a firearm during the attempted/actual murder of Ranson

Rowland v. Commonwealth, 281 Va. 396 (interpretation of Code § 18.2-53.1: "use/attempt to use" and "display" during the commission of the felony)
Jackson v. Virginia, 443 U.S. 307 (standard for appellate review of sufficiency of the evidence)
Maxwell v. Commonwealth, 275 Va. 437 (applying Jackson standard)
Rose v. Commonwealth, 53 Va. App. 505 (purpose of § 18.2-53.1: deter violent conduct and fear-producing conduct)
Harward v. Commonwealth, 229 Va. 363 (temporal "during" requirement for firearm use/display under the statute)
Wilson v. Commonwealth, 249 Va. 95 (overt-act requirement for attempt need not be the last proximate act)
Sizemore v. Commonwealth, 218 Va. 980 (examples of conduct establishing attempted use or attempt to kill where defendant aimed or advanced with a gun)