Jerrell Cortez Edwards v. Commonwealth of Virginia
65 Va. App. 655
Va. Ct. App.2015Background
- Jerrell Cortez Edwards was convicted of felony murder under Code § 18.2-33 and felony child abuse under Code § 18.2-371.1(B) in Virginia Beach.
- The two-year-old victim was the child of Edwards's girlfriend, Laquita Lewis, who left the children in Edwards's care on April 5, 2012.
- Upon Lewis's return, she found Edwards performing CPR and the child unresponsive with an distended abdomen; EMS responded and the child died at the hospital.
- Edwards gave conflicting statements about the cause of death, including claims of the child’s lip injury from a watch and later of abusing the child while attempting CPR.
- Autopsy revealed multiple severe injuries to the head, chest, and abdomen with internal organ rupture; doctors determined blunt force trauma, not CPR, caused the death.
- Pediatrician Dr. Michelle Clayton concurred that the injuries were not caused by the watch or CPR and described extensive blunt-force trauma with no reasonable accidental explanation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly denied lesser-included offenses | Edwards argued for involuntary manslaughter and assault and battery | State contends no credible evidence supports lesser offenses | No; denial affirmed; no substantial evidence supports lesser offenses |
| Whether assault and battery instruction was warranted | Edwards asserts evidence supports underlying assault | Commonwealth contends injuries show felonious abuse, not mere assault | No; injuries were severe and consistent with felonious abuse, not assault |
| Whether involuntary manslaughter instruction was warranted | Edwards argues death could be accidental during an unlawful but nonfelonious act | Commonwealth asserts evidence excludes accidental theory | No; medical evidence showed fatal injuries from blunt force trauma not accidental |
| Craig v. Commonwealth applicability | Craig supports lesser-included instruction where evidence warrants | Craig distinguishable; facts do not support lesser offenses here | Distinguished; no applicable lesser instruction under facts |
Key Cases Cited
- Commonwealth v. Vaughn, 263 Va. 31 (2002) (abuse evidence requires more than scintilla for lesser-included instruction)
- Leal v. Commonwealth, 265 Va. 142 (2003) (requirements for granting lesser-included instructions)
- Craig v. Commonwealth, 34 Va. App. 155 (2000) (either party may request lesser-included instruction when warranted)
- Helmick v. Commonwealth, 38 Va. App. 558 (2002) (death elevates to at least involuntary manslaughter; assault and battery instruction improper)
- Albert v. Commonwealth, 181 Va. 894 (1943) (definition of involuntary manslaughter as accidental killing during unlawful act)
- Carter v. United States, 530 U.S. 255 (2000) (lesser-included offenses require evidence supporting the lesser offense)