Alfred Banks, Jr. v. Commonwealth of Virginia

795 S.E.2d 908, 67 Va. App. 273, 2017 WL 574958, 2017 Va. App. LEXIS 35
CourtCourt of Appeals of Virginia
DecidedFebruary 14, 2017
Docket2055152
StatusPublished
Cited by336 cases

This text of 795 S.E.2d 908 (Alfred Banks, Jr. v. Commonwealth of Virginia) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alfred Banks, Jr. v. Commonwealth of Virginia, 795 S.E.2d 908, 67 Va. App. 273, 2017 WL 574958, 2017 Va. App. LEXIS 35 (Va. Ct. App. 2017).

Opinion

OPINION BY

JUDGE MARLA GRAFF DECKER

Alfred Banks, Jr., appeals his conviction for stalking, in violation of Code § 18.2-60.3. He argues that the trial court erred by refusing his proposed jury instructions and in admitting evidence of prior contacts. Further, the appellant contends that the evidence was insufficient to support his conviction because it did not prove that more than one contact occurred during the timeframe alleged in the warrant or that a reasonable person in the victim’s position would have experienced fear of death, criminal sexual assault, or bodily injury. For the reasons that follow, we affirm the conviction.

I. BACKGROUND

The appellant’s conviction is based on his contacts with D.B., a medical doctor. In 1990, the appellant met D.B. in Richmond, Virginia, at the medical clinic where she was an intern and he was an aide. D.B. described their contact as “cordial.” They were not friends and did not socialize outside of work. D.B. did not give the appellant her personal contact information, such as her address or phone number.

*279 After D.B. graduated from medical school in 1990, she moved from Richmond and started her medical residency in Newport News, Virginia. The appellant sent D.B. unsolicited letters at her place of employment in Newport News. In those letters, the appellant wrote that he wanted to move to Newport News and marry her because “he felt like [they] were supposed to be together forever.” He also persistently telephoned her at work and at home. D.B. told the appellant that she was not interested in having a relationship with him and wanted him to stop calling her. However, the appellant did not stop until D.B. moved to Washington, D.C., where she lived from 1992 to 1995. During that time, the appellant did not contact her.

D.B. moved back to Richmond in 1995. For the following year, she again received unsolicited letters from the appellant. The letters were left at the front desk of the clinic where she worked. In the letters, the appellant stated that he cared for D.B. and still wanted to “be [her] boyfriend.” In one letter, he said that “he was never going to stop trying to talk” to her, which D.B. found “disturbing.” During that same time period, the appellant also showed up in the clinic’s parking lot at least three times. He asked D.B. why she would not talk to him. According to D.B., the appellant “just started getting more and more sort of aggressive in his tone,” which caused her to feel “scared” and “intimidated.” D.B. was worried that the appellant “might try to hit [her] or do something violent.” She contacted the Chesterfield County and Virginia Commonwealth University (VCU) police departments. D.B. spoke with Lieutenant Carlton Edwards with the VCU police. Edwards contacted the appellant and told him to leave D.B. alone.

For a “few years” after the contacts that occurred from 1995 to 1996, D.B. did not see or hear from the appellant. In 1998 or 1999, the appellant visited her workplace parking lot again. He approached D.B. as she was getting into her car. He grabbed her car door and yelled, “Why won’t you talk to me?” The appellant left only after two nurses who were passing by asked D.B. if she was okay. D.B. contacted Lieutenant Edwards again to address the problem. Edwards spoke with the *280 appellant, and the appellant agreed that he would not have any further contact with D.B.

In 2014, however, the appellant contacted D.B. again despite his representation to Edwards. At that time, he repeated his behavior of approaching her in her workplace parking lot. Although she did not recognize him at first, D.B. “didn’t feel good about” the man. She told him to go inside the building, where there was a security guard, and that she would talk to him inside. The man ignored her and asked, “Can you be my doctor?” D.B. asked him his name. When he identified himself as Alfred Banks, D.B. recognized him. She said that she could not be his doctor and told him to leave. Despite D.B.’s responses, the appellant remained and repeatedly asked her to be his doctor. D.B. went into the building as the security guard went outside. The appellant left before the guard had the chance to speak with him. According to the security guard, D.B. was upset and said “he[’s] back, he found me.”

The jury found the appellant guilty of misdemeanor stalking. In accordance with the recommendation of the jury, the court sentenced him to twelve months in jail, with six months suspended.

II. ANALYSIS

The appellant argues that the trial court erred by denying his proposed jury instructions on prior offense evidence. He also contends that the trial court erred in admitting evidence of prior contacts during the 1990s as proof that he “engaged in conduct directed at [D.B.] on more than one occasion under the first element” of the stalking statute. Additionally, the appellant argues that the evidence was insufficient to support his conviction because the Commonwealth did not prove that he “engaged in conduct directed” at the victim “on more than one occasion during April of 2014” as was alleged in the warrant. Finally, he contends that the evidence was insufficient to support his conviction because the Commonwealth failed to prove that his conduct placed D.B. in reasonable fear of death, criminal sexual assault, or bodily injury.

*281 A. Jury Instructions and Scope of Evidence

The appellant argues that the trial court erred by refusing his proposed jury instructions limiting consideration of the evidence of his previous contacts with D.B. and allowing the jury to consider them as evidence of the “on more than one occasion” element of stalking. The Commonwealth responds that the appellant’s proffered instructions would improperly have prevented the jury from considering whether those contacts established an element of the offense for which he was on trial.

In proposing possible jury instructions, the appellant first suggested that the jury be instructed that it “may consider evidence of [defendants prior contacts with [D.B.], specifically contact which occurred prior to the dates of the alleged offense, only as evidence of the defendant’s intent in connection with the offense for which he is on trial and for no other purpose.” Alternatively, the appellant offered an instruction limiting consideration of the testimony about prior conduct for purposes of establishing intent, motive, and factors other than the element of “on more than one occasion.” The court refused both instructions based on its ruling that the evidence of the appellant’s prior contacts with D.B. could be considered for purposes of establishing any element of the offense.

The appellant argues that it was error for the trial court to refuse to give either of these. instructions to the jury. He reasons that consideration of the evidence of his prior contacts with D.B. that occurred earlier than the preceding year violated the one-year statute of limitations for the stalking charge. See Code §§ 18.2-60.3,19.2-8.

The decision regarding granting or denying a jury instruction generally rests “in the sound discretion of the trial court.” Cooper v. Commonwealth, 277 Va. 377, 381, 673 S.E.2d 185, 187 (2009).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Antonio Lee Franklin v. Commonwealth of Virginia
Court of Appeals of Virginia, 2025
Jeremiah Unique Pannell v. Commonwealth of Virginia
Court of Appeals of Virginia, 2025
Darrius Cornell White v. Commonwealth of Virginia
Court of Appeals of Virginia, 2025
Dana Mark Camann, Jr. Commonwealth of Virginia
Court of Appeals of Virginia, 2023
Deshon Scott v. Commonwealth of Virginia
Court of Appeals of Virginia, 2023
David Lee Morse v. Commonwealth of Virginia
Court of Appeals of Virginia, 2023
Dana Mark Camann, Jr. v. Commonwealth of Virginia
Court of Appeals of Virginia, 2023
Susan Mueller and David Barodofsky v. HSBC Bank USA
Court of Appeals of Virginia, 2023
Mohannad Abandeh v. Commonwealth of Virginia
Court of Appeals of Virginia, 2023
Anthony Laron Fitzgerald v. Commonwealth of Virgina
Court of Appeals of Virginia, 2023
Markese J. Pryor v. Commonwealth of Virginia
Court of Appeals of Virginia, 2023
Brian Gene Smith v. Commonwealth of Virginia
Court of Appeals of Virginia, 2023

Cite This Page — Counsel Stack

Bluebook (online)
795 S.E.2d 908, 67 Va. App. 273, 2017 WL 574958, 2017 Va. App. LEXIS 35, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alfred-banks-jr-v-commonwealth-of-virginia-vactapp-2017.