THE CIRCUIT COURT OF CHESTERFIELD COUNTY Thomas V. Warren,
S. Cooley for appellant.
Virginia B. Theisen, Senior Assistant Attorney General (Mark
R. Herring, Attorney General, on brief), for appellee.
Present: Chief Judge Huff, Judges Petty and Beales.
RANDOLPH A. BEALES JUDGE.
a bench trial on December 29, 2015, the trial court convicted
Tyrone Lamont Logan ("appellant") of one count of
attempted murder of Joshua Bryant in violation of Code
§§ 18.2-32 and 18.2-26, one count of shooting at an
occupied vehicle in violation of Code § 18.2-154, and
one count of use of a firearm in the commission of a felony
in violation of Code § 18.2-53.1. On appeal,
appellant argues that the trial court erred in finding the
evidence sufficient to prove that appellant was the shooter
and in finding the evidence sufficient to prove that the
shooter acted with malice. Appellant also contends that the
trial court erred at the sentencing hearing when it refused
to allow appellant to call certain witnesses at sentencing
and by refusing to allow appellant to proffer the
witnesses' testimony for the record on appeal.
consider the evidence on appeal "in the light most
favorable to the Commonwealth, as we must since it was the
prevailing party" in the trial court. Beasley v.
Commonwealth, 60 Va.App. 381, 391, 728 S.E.2d 499, 504
(2012) (quoting Riner v. Commonwealth, 268 Va. 296,
330, 601 S.E.2d 555, 574 (2004)).
viewed, the evidence showed that a social gathering took
place on Christmas Eve 2014 at a house located just off a
public road in Chesterfield County. Ryan Gooden
("Gooden"), appellant's stepson, was living in
the house with his grandmother, his aunt, and the aunt's
boyfriend. Gooden testified that there was drinking at the
party and that he and appellant had taken "a shot
together" that evening.
Joshua Bryant ("Bryant" or "the victim")
arrived in his pickup truck at approximately 5:00 p.m., a man
named Mark Crocker ("Crocker") climbed into the
passenger seat. Bryant, who was confined to a wheelchair,
remained in the truck and conversed with Crocker. Behind
Bryant's seat was a wheelchair, a shotgun, and a
"muzzleloader" firearm. The record indicates that
Bryant and appellant were the only individuals who had
firearms, and Bryant unequivocally testified that he never
removed either of his firearms from behind his seat or even
talked about their presence.
people gathered around Bryant's truck, including
appellant. Appellant turned to Gooden and asked, "Is he
[Bryant] all right with you?" Gooden answered that he
was, and noted their family connection.
testified that appellant and Gooden walked to the back of
Bryant's truck and continued to talk, raising their
voices on occasion. Appellant repeatedly asked Gooden if
Bryant was "all right" with Gooden. Watching the
pair from his rearview mirror, Bryant saw appellant remove a
pistol from beneath his shirt. Gooden and Giles also each
testified that they observed appellant holding a firearm out.
Gooden also testified that they were "[s]tanding there
talking. And next thing you know, I'm standing there, and
I seen a gun." Donnie Giles testified that he came out
of his house and observed the men speaking loudly. Giles also
testified that he "heard Ryan telling Tyrone [appellant]
that everything was okay and won't no problems out there
or nothing like that. And then after that, I really ain't
-- I think then I just remembered him having a gun after
then walked up to the driver's side of the truck, opened
the door, and pointed the gun at Bryant. Bryant testified
that appellant said, "Don't nobody move." Giles
testified that appellant had said, "It's about to
get real out here. Don't nobody move." Giles also
testified that he observed appellant "holding [the gun]
in one hand and opening the door of the truck with the other
hand. Then after that, Ryan took off running." Giles
testified that appellant followed Ryan, and "all of us
got out of there after that." Appellant ran after Gooden
and asked, "Where are you going?" Gooden shut the
door behind him, but appellant kicked the door open. Bryant
testified that he did not see anything after appellant kicked
the door in because he decided he needed to leave. Glenda
Jenkins, Gooden's aunt, testified that she saw appellant
"coming in the door" as she was sitting on the
floor opening gifts.
immediately started his truck, backed it up to turn around,
and drove out of the driveway as "fast as he
could." Mark Crocker was still in the passenger's
seat of the truck. Bryant had traveled approximately ten
yards down the road when he heard gunfire. Four or five shots
rang out, one of which pierced the glass behind the truck cab
and lodged in the passenger visor in front of Crocker. No one
observed who was shooting at the vehicle at the time the
bullets were being fired. Bryant testified that he had only
driven down the road about thirty feet from the driveway when
he started hearing the shots. The trial court asked Bryant,
"So whoever fired the shots ran out into the road?"
to which Bryant responded, "Yes." Another bullet
struck the rear bumper of the truck. When Officer Alan
Rowlett arrived at the house to investigate the shooting, he
observed that the rear window of the Ford truck had been
shattered. The police recovered four cartridge casings that
all matched the same firearm. One cartridge was found in the
driveway of the home, and the other three cartridges were
close by - on the road just past the front yard line.
Standard of Review
considering the sufficiency of the evidence presented below,
"a reviewing court does not 'ask itself whether
it believes that the evidence at the trial
established guilt beyond a reasonable doubt.'"
Crowder v. Commonwealth, 41 Va.App. 658, 663, 588
S.E.2d 384, 387 (2003) (quoting Jackson v. Virginia,
443 U.S. 307, 318-19 (1979)). "Viewing the evidence in
the light most favorable to the Commonwealth, as we must
since it was the prevailing party in the trial court, "
Riner v. Commonwealth, 268 Va. 296, 330, 601 S.E.2d
555, 574 (2004), "[w]e must instead ask whether
'any rational trier of fact could have found the
essential elements of the crime beyond a reasonable doubt,
'" Crowder, 41 Va.App. at 663, 588 S.E.2d
at 387 (quoting Kelly v. Commonwealth, 41 Va.App.
250, 257, 584 S.E.2d 444, 447 (2003) (en banc)).
See also Maxwell v. Commonwealth, 275 Va. 437, 442,
657 S.E.2d 499, 502 (2008). "This familiar standard