Tarsah M. Gerald v. Commonwealth of Virginia
1967152
| Va. Ct. App. | Dec 27, 2016Background
- On May 26, 2013, a Mercedes rear-ended Paul Welch’s car in Albemarle County; Welch saw Patricia exit driver’s side and Tarsha Gerald (appellant) exit passenger side, later observed Gerald run to driver’s side and the vehicle leave the scene.
- Welch followed briefly, confirmed the license plate Gerald had given him, and called police. Officers located the Mercedes and questioned Patricia and Gerald at an address; both had suspended licenses.
- Officer Miller testified Gerald admitted she drove the car home because her mother was upset and that she had a suspended license; Officer Scopelliti later recorded Gerald admitting by phone she drove off and had a valid license (she in fact had a suspended license).
- Gerald and Patricia were convicted in General District Court for driving on suspended licenses; Gerald was later indicted for perjury for allegedly denying under oath at that trial that she drove or told Miller about her suspension.
- At the circuit bench trial (jointly tried), the court convicted Gerald of driving on a suspended license (third offense) and perjury; Gerald appealed raising sufficiency and venue challenges.
Issues
| Issue | Plaintiff's Argument (Gerald) | Defendant's Argument (Commonwealth) | Held |
|---|---|---|---|
| Sufficiency of evidence for perjury (did prosecution prove the questions and falsity) | Commonwealth failed to prove the exact questions eliciting allegedly false answers; evidence insufficient to meet perjury’s high proof requirement | Testimony and officers’ notes established the questions and corroborated falsity (Welch, Miller, Scopelliti); elements of perjury proven | Conviction affirmed — court found questions sufficiently established and falsity corroborated by multiple sources |
| Venue for perjury trial (whether Albemarle Circuit Court proper though courthouse lies in City of Charlottesville) | Courthouse is in City of Charlottesville; charter’s “joint jurisdiction” requires joint action, so Albemarle could not unilaterally prosecute there — venue improper | City charter grants Albemarle County and City of Charlottesville joint/concurrent jurisdiction over county property within city limits, allowing either to prosecute; fits Code § 19.2-244 exception (“except as otherwise provided by law”) | Venue affirmed — charter’s “joint jurisdiction” authorizes Albemarle courts to try offenses in the county courthouse despite city location |
| Sufficiency of evidence for driving on suspended license (credibility of Welch) | Welch’s identification was inherently incredible (glare, civil suit motive); testimony unreliable | Trial court credited Welch’s detailed, consistent testimony; corroboration from officers and Gerald’s statements supported conviction | Conviction affirmed — court defers to factfinder’s credibility determinations; Welch’s testimony not inherently incredible |
Key Cases Cited
- Williams v. Commonwealth, 49 Va. App. 439 (standard for viewing evidence in light most favorable to Commonwealth)
- Jackson v. Virginia, 443 U.S. 307 (any rational trier of fact standard for sufficiency)
- Keffer v. Commonwealth, 12 Va. App. 545 (corroboration requirement for perjury convictions)
- Holz v. Commonwealth, 220 Va. 876 (materiality requirement for perjury)
- Fitch v. Commonwealth, 92 Va. 824 (venue issues when courthouse lies within separate municipal limits)