THE CIRCUIT COURT OF THE CITY OF WILLIAMSBURG AND COUNTY OF
JAMES CITY Michael E. McGinty, Judge
Richard G. Collins (Collins & Hyman, PLC, on brief), for
A. Darron, Senior Assistant Attorney General (Mark R.
Herring, Attorney General, on brief), for appellee.
Present: Judges Russell, AtLee and Malveaux Argued at
BENNETT MALVEAUX JUDGE
Parris Cabral ("appellant") was convicted of
aggravated sexual battery, in violation of Code §
18.2-67.3. On appeal, appellant argues the evidence
was insufficient to support the charge because there was no
evidence that he used a deadly weapon. For the reasons that
follow, we affirm appellant's conviction.
August 31, 2015, the victim, T.V., began her morning run at
approximately 5:20 a.m. She ran south on Richmond Road in the
City of Williamsburg, stopping about a quarter mile into her
run to adjust the arm band holding her phone. While stopped,
she observed a man jogging toward her from the north, the
direction of a restaurant. T.V. backed off of the sidewalk
into the grass to let the man pass. Instead of passing, the
man ran towards T.V., grabbed her left arm and shoulder with
one hand, and pulled out an object with the other. T.V. knew
the object to be a Taser because of the "very loud and
audible" sound it made when activated. T.V. felt the man
strike her stomach with the Taser. She was not incapacitated
because "it was not fully powered." She began to
fight, and the man "struck" her with the Taser two
more times during the altercation.
dragged T.V. across the grass to a nearby parking lot where
both fell to the ground. He covered her mouth, placed an arm
around her throat, and wrapped his leg around her legs to
prevent her from kicking. The man used his right hand to rub
T.V.'s vagina "back and forth" over her
clothing. He then told her that "he worked security . .
. nearby" and that she "needed to learn that it
wasn't safe for a woman to run on their own in the
morning." The man turned T.V. away from him and told her
to wait while he fled the scene. T.V. counted to five, turned
around to get a look at the man as he ran back north, and
then turned and began running south.
T.V. felt comfortable, she stopped running and called 911.
Officer Powell arrived and T.V. gave him a description of her
attacker, which Powell provided to other officers. Officers
found appellant, who fit the description of the man given by
T.V., parked in the nearby restaurant parking lot and
detained him. T.V. was able to identify appellant as her
attacker by his appearance and voice.
searched appellant's vehicle and recovered security
apparel, including a uniform and badge, as well as a Taser.
Officer Powell tested the Taser by pressing a button, and the
Taser "admitted a charge," "sparked," and
injuries included swelling to her neck, back, shoulders, and
abdomen. The trial court found that T.V. had been "tased
three times," and her abdominal swelling was
"consistent with being tased in the abdomen."
contends the evidence was insufficient to support the
aggravated sexual battery charge because the Commonwealth
failed to prove that the Taser he used qualifies as a