Richard Estrada v. Commonwealth ( 2003 )

COURT OF APPEALS OF VIRGINIA
Present: Judges Felton, Kelsey and Senior Judge Willis
Argued at Richmond, Virginia
RICHARD ESTRADA
MEMORANDUM OPINION * BY
v. Record No. 1957-02-2 JUDGE WALTER S. FELTON, JR.
JUNE 24, 2003
COMMONWEALTH OF VIRGINIA
FROM THE CIRCUIT COURT OF HENRICO COUNTY
George F. Tidey, Judge
Matthew T. Paulk (Blackburn, Conte, Schilling
and Click, P.C., on brief), for appellant.
Virginia B. Theisen, Assistant Attorney
General (Jerry W. Kilgore, Attorney General,
on brief), for appellee.
Richard Estrada was convicted in a bench trial for
feloniously eluding a police officer, in violation of Code
§ 46.2-817(B). On appeal, he contends that the evidence was
insufficient to prove his guilt beyond a reasonable doubt. For
the following reason, we affirm the judgment of the trial court.
I. BACKGROUND
On the morning of November 3, 2001, Virginia State Trooper
Christopher Clark was completing a traffic stop on eastbound
Interstate 64 in western Henrico County when he saw an older
model van following "extremely close to" a vehicle in front of
* Pursuant to Code § 17.1-413, this opinion is not
designated for publication.
it. Estrada was driving the van. According to Trooper Clark,
the van was traveling approximately fifty-five miles per hour
and following the vehicle at a distance of less than a car
length, approximately five to ten feet.
Trooper Clark pursued the van in his marked police car. He
activated the vehicle's siren, strobe lights, and "wiggle
lights." 1 The police car was also equipped with a video camera
that Trooper Clark activated when he began his pursuit of
Estrada. At trial, the Commonwealth played the police chase
video while Trooper Clark explained what happened.
Trooper Clark followed Estrada for several miles on
Interstate 64 during which he and Estrada traveled between
fifty-five to seventy miles per hour in a fifty-five miles per
hour zone. Estrada approached an exit ramp from eastbound
Interstate 64 to northbound Interstate 95. On the ramp,
Estrada's speed reached seventy miles per hour in a fifty-five
miles per hour zone. The video showed that on the ramp, Estrada
crossed the white line, onto the shoulder. He nearly struck a
moving van and a tractor-trailer, causing them to move onto the
shoulder of the ramp.
Once on Interstate 95, Estrada's speed fell to about
forty-five to fifty miles per hour. Estrada fell behind a
civilian who appeared to be trying to assist Trooper Clark. The
1
"Wiggle lights" are headlights that alternate on high
beams from left to right.
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civilian slowed down and motioned for Estrada to pull over.
Trooper Clark, at this point, motioned with his arm out the
window to traffic behind him to stay back. He then used his PA
system to instruct the civilian to move out of Estrada's way.
The civilian complied, and Estrada accelerated.
Trooper Clark requested assistance from other state
troopers as they approached traffic at the intersection of
Interstates 95 and 295. Speeds had increased to seventy miles
per hour in a sixty-five miles per hour zone. Seven state
troopers responded. Several of the responding state troopers
stayed behind Trooper Clark and held back traffic on the
three-lane highway. Two state troopers passed Estrada in order
to attempt to deploy the Stinger spike system. 2 However, they
were unable to do so.
Unable to deploy the spike system, the officers rejoined
the pursuit. One trooper subsequently pulled in front of
Estrada and slowed down. Estrada nearly hit the trooper, but
was able to slow down. The trooper then motioned with his arm
out the window for Estrada to pull his van over. He did not.
As a result, the troopers blocked Estrada in by creating a
"rolling roadblock," eventually bringing Estrada to a stop in
the middle lane of Interstate 95. Estrada was placed under
2
The Stinger spike system is a roadway spike system used by
law enforcement officers to terminate a vehicle pursuit. The
system consists of a strip of hollow spikes that is deployed
across a roadway and flattens the tires of the pursued vehicle.
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arrest and eventually convicted in a bench trial for feloniously
eluding a police officer, in violation of Code § 46.2-817(B).
II. ANALYSIS
Estrada contends on appeal that the evidence was
insufficient to prove his guilt beyond a reasonable doubt for
feloniously eluding a police officer.
When the sufficiency of the evidence is
challenged on appeal, it is well established
that we must view the evidence in the light
most favorable to the Commonwealth, granting
to it all reasonable inferences fairly
deducible therefrom. The conviction will be
disturbed only if plainly wrong or without
evidence to support it.
Jones v. Commonwealth, 13 Va. App. 566, 572, 414 S.E.2d 193, 196
(1992). Estrada argues that the Commonwealth failed to prove
that his driving either interfered with the operation of law
enforcement vehicles or endangered the officers or any other
person. We disagree.
Code § 46.2-817(B) states:
Any person who, having received a visible or
audible signal from any law-enforcement
officer to bring his motor vehicle to a
stop, drives such motor vehicle in a willful
and wanton disregard of such signal so as to
interfere with or endanger the operation of
the law-enforcement vehicle or endanger a
person is guilty of a Class 6 felony.
In order to prosecute successfully a violation of this code
section, the Commonwealth must show conduct that raises a
"specter of endangerment."
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With respect to the endangerment of persons
sufficient to constitute a felonious
violation of Code § 46.2-817(B), a manifest
purpose of the statute is to protect the
public against a driver eluding police "so
as to . . . endanger a person." [Code
§ 46.2-817(B)]. Hence, conduct that raises
the specter of endangerment is the evil
contemplated and proscribed by the statute.
To require the threat to be imminent would
engraft an element to the offense, thereby
permitting the dangerous operation of motor
vehicles until a person is actually
imperiled, an absurd result that subverts
the salutary purposes of the statute.
Tucker v. Commonwealth, 38 Va. App. 343, 347, 564 S.E.2d 144,
146 (2002).
In the case before us, Estrada's refusal to stop for police
certainly imperiled officers and other individuals traveling on
the highway. Estrada's speed reached seventy miles per hour on
an exit ramp in a fifty-five miles per hour zone. On the exit
ramp, he crossed over the white line onto the shoulder of the
road, nearly striking a moving van and a tractor-trailer. The
pursuit continued on the busy interstate highway for several
miles. In addition, Estrada nearly struck a police vehicle that
was positioned in front of him, attempting to stop him. The
evidence was sufficient to prove beyond a reasonable doubt that
Estrada feloniously eluded police.
The judgment of the trial court is affirmed.
Affirmed.
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