John Daniel Holsinger v. Commonwealth of Virginia, 0743162

On Sept. 8, 2015, Holsinger (appellant), intoxicated and angry, repeatedly threw and shot at food items outside and inside the shared residence with Jeannie Garner (occupant).
While Holsinger stood in an open doorway and faced outside, he fired his handgun; the door had a six-pane glass window and the glass shattered with broken glass found inside the house.
Garner was in the kitchen kneeling at a cat litter box about an arm’s length from the door when Holsinger fired; she later called 911 and reported the shooting.
No shell casings or the firearm were admitted into evidence; trial court found Holsinger highly intoxicated and that he shot out through the glass.
Holsinger was convicted under Va. Code § 18.2-279 for unlawfully discharging a firearm within an occupied dwelling; sentenced to five years with all time suspended except time served.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence under Code § 18.2-279 that discharge “endangered” an occupant	Commonwealth: the discharge in close proximity to Garner and risk of ricochet made it a question for the trier of fact; evidence may show peril	Holsinger: statute requires proof the occupant’s life was actually placed in peril (not merely possibly) when shooting within a building	Affirmed: under controlling precedents the Commonwealth need only show the discharge "may have" put life in peril; evidence (close proximity, confined space, ricochet possibility, intoxication/anger) was sufficient

Kirby v. Commonwealth, 264 Va. 440, 570 S.E.2d 832 (2002) (holding that for a discharge within a building the Commonwealth need only show the act may have put an occupant’s life in peril)
Dowdy v. Commonwealth, 220 Va. 114, 255 S.E.2d 506 (1979) (statute reflects legislative determination that discharging a deadly weapon at/against an occupied building may endanger lives; actual endangerment need not be proved)
Ellis v. Commonwealth, 281 Va. 499, 706 S.E.2d 849 (2011) (statute prohibits malicious or reckless discharges that have potential to endanger occupants without regard to shooter’s motive)
Strickland v. Commonwealth, 16 Va. App. 180, 428 S.E.2d 507 (1993) (shooting a gun within confined space near many people constitutes a reckless act endangering lives)
Stevens v. Commonwealth, 272 Va. 481, 634 S.E.2d 305 (2006) (defendant’s intoxication is a permissible factor in assessing culpability and danger)