782 S.E.2d 613
Va. Ct. App.2016Background
- Lamont Woods shot and killed Lamar Ward on April 28, 2012; Woods was tried by jury and convicted of second-degree murder (reduced from first-degree). Woods was also convicted of related offenses but only challenges the murder conviction on appeal.
- Prior to the shooting, Woods and the victim had interactions and threats tied to Woods’s relationship with Takea Turner; the victim and others arrived at Woods’s trailer and an argument ensued.
- Woods testified the victim flashed a gun, he feared for his life, pulled his own gun, and fired while running toward the woods; Woods claimed he was not aiming to kill but firing to escape.
- Forensic evidence: ten cartridge cases from a single firearm; five bullets recovered from the victim; the victim sustained ten gunshot wounds (three fatal) including multiple shots to the back; all ten shots hit the victim and several were fired through the car’s rear windshield.
- Trial court instructed the jury on first- and second-degree murder and self-defense, but denied Woods’s requested instruction on voluntary manslaughter (and involuntary manslaughter as to which he did not assign error).
Issues
| Issue | Woods’s Argument | Commonwealth’s Argument | Held |
|---|---|---|---|
| Whether the trial court erred by refusing a voluntary-manslaughter jury instruction | Woods argued the evidence showed provocation/heat of passion (argument and threats) and more than a scintilla supported the instruction | Commonwealth argued the physical evidence contradicted Woods’s heat-of-passion account and supported malice; alternative argument that jury’s guilty finding on malicious shooting rejected lack of malice | Court held no error: Woods’s testimony was contradicted by uncontroverted physical evidence (ten hits, multiple shots to the back) and did not amount to more than a scintilla of evidence of heat of passion, so no voluntary manslaughter instruction was warranted |
Key Cases Cited
- Brandau v. Commonwealth, 16 Va. App. 408 (Va. Ct. App.) (evidence that pales to a scintilla when contradicted by undisputed physical facts does not require lesser-included instruction)
- McClung v. Commonwealth, 215 Va. 654 (Va. 1975) (when credible evidence of provocation and heat of passion exists, instruction on voluntary manslaughter is required)
- Turner v. Commonwealth, 23 Va. App. 270 (Va. Ct. App.) (distinguishable example where physical evidence did not contradict defendant’s heat-of-passion testimony)
- Commonwealth v. Vaughn, 263 Va. 31 (Va. 2002) (trial court may deny lesser-included instruction when uncontroverted physical evidence is inconsistent with defendant’s lesser-intent theory)
- Leal v. Commonwealth, 265 Va. 142 (Va. 2003) (undisputed evidence of massive injuries inconsistent with defendant’s lesser-intent account supports denying lesser-included instruction)