Jason Joseph Fergeson v. Commonwealth of Virginia, 0182241

Jason Fergeson was convicted of misdemeanor abuse or neglect of a vulnerable adult under Code § 18.2-369 and misdemeanor attempted interference with a 9-1-1 call under Code § 18.2-164.
The underlying incident involved Fergeson preventing bystanders from assisting his girlfriend, Lindsey Thompson, who was unconscious from a drug overdose.
Bystanders observed Fergeson pinning Thompson against a tree, not allowing others to help or call 9-1-1, claiming that Thompson “does this normally.”
Emergency services found Thompson unresponsive with severely compromised breathing; she required multiple doses of Narcan to be revived.
Fergeson was found guilty in the trial court; he appealed, contesting both the sufficiency of the evidence regarding the statutory elements and the statutory interpretations used.
The Court of Appeals reviewed the evidence and statutory construction de novo, affirming the convictions.

Issue	Fergeson's Argument	Commonwealth's Argument	Held
Was Thompson a "vulnerable adult" under the statute?	Statute covers only permanent/long-term impairments, not temporary overdose	Statute broadly covers any impairment that limits self-care, incl. temporary; overdose qualifies	Thompson was a vulnerable adult under the statute
Was Fergeson a "responsible person"?	He was not legally or contractually responsible; did not voluntarily assume	He assumed responsibility in fact by preventing others from aiding Thompson	Fergeson assumed responsibility in fact
Did Fergeson willfully neglect Thompson?	Did not know the severity of her condition; reasonable misunderstanding	His actions were willful—he prevented help despite clear severity	His conduct was knowing, willful neglect
Was there sufficient evidence for attempted interference with 9-1-1?	Words alone insufficient; statute requires physical act	Statute covers any means of prevention/obstruction, including words and intimidation	Words/actions sufficed for conviction

Correll v. Commonwealth, 269 Va. 3 (Va. 2005) (discusses statutory definitions of responsible persons and willful conduct in the context of vulnerable adult neglect)
Lawlor v. Commonwealth, 285 Va. 187 (Va. 2013) (addresses the standard for motions to strike and sufficiency review on appeal)
Coles v. Commonwealth, 44 Va. App. 549 (Va. Ct. App. 2004) (discusses statutory interpretation and legislative intent principles)
Commonwealth v. Hudson, 265 Va. 505 (Va. 2003) (addresses the standard for reviewing sufficiency of the evidence on appeal)
Phelps v. Commonwealth, 275 Va. 139 (Va. 2008) (applies principles of legislative intent in statutory interpretation)