dmc-admin//March 1, 2010
A defendant who pursued his ex-girlfriend and her new boyfriend on a highway at rates of speed up to 100 mph, twice ramming the boyfriend’s car and causing it to flip and crash, has his conviction of unlawful wounding affirmed by the Court of Appeals.
Defendant chased the vehicle at a dangerously close distance while traveling at speeds exceeding 100 mph. Motivated by jealous rage, defendant raced after the vehicle through red lights and intentionally struck the vehicle twice. The second contact flipped the vehicle, injuring both defendant’s ex-girlfriend and her new boyfriend. The natural and probable consequence of striking the vehicle was an accident causing injury or death. Given these circumstances, a rational fact finder could conclude beyond a reasonable doubt that defendant acted with the intent to maim, disfigure, disable or kill the victims in violation of Code § 18.2-51.
Convictions of unlawful wounding affirmed.
Kelley v. Commonwealth (Kelsey, J.) No. 0487-09-2, Jan. 12, 2010; Henrico County Cir.Ct. (Hammond) John B. Mann for appellant; Virginia B. Theisen, Sr. AAG, for appellee. VLW 010-7-017(UP), 5 pp.