Barnabei v. Commonwealth

477 S.E.2d 270, 252 Va. 161, 1996 Va. LEXIS 91
CourtSupreme Court of Virginia
DecidedSeptember 13, 1996
DocketRecord Nos. 952168 and 952169
StatusPublished
Cited by46 cases

This text of 477 S.E.2d 270 (Barnabei v. Commonwealth) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barnabei v. Commonwealth, 477 S.E.2d 270, 252 Va. 161, 1996 Va. LEXIS 91 (Va. 1996).

Opinion

JUSTICE STEPHENSON

delivered the opinion of the Court.

In these appeals, we review a capital murder conviction and sentence of death imposed upon Derek Rocco Bamabei (Record No. 952168), along with his conviction of rape (Record No. 952169).

I

PROCEEDINGS

Bamabei was charged in an indictment with capital murder, i.e., the willful, deliberate, and premeditated killing of Sarah J. Wisnosky in the commission of rape. Code § 18.2-31(5). Bamabei, in a separate indictment, also was charged with the rape of Wisnosky. Code § 18.2-61(A).

In a bifurcated jury trial conducted pursuant to Code §§ 19.2-264.3 and -264.4, Bamabei was found guilty of capital murder and of rape. The jury fixed Bamabei’s punishment for the rape conviction at 13 years’ imprisonment, and, upon further evidence, fixed Bamabei’s punishment for the capital murder conviction at death, based upon both the “vileness” and “future dangerousness” predicates. Code § 19.2-264.2. After considering a report prepared by a probation officer pursuant to Code § 19.2-264.5, the trial court sentenced Bamabei in accord with the jury verdicts.

Pursuant to Code § 17-110.1(F), we have consolidated the automatic review of Bamabei’s death sentence with the appeal of right of [165]*165his capital murder conviction.1 By order entered December 7, 1995, Bamabei’s appeal of his rape conviction was certified from the Court of Appeals, Code § 17-116.06, and we have consolidated that appeal with the capital murder appeal and given them priority on our docket, Code § 17-110.2.

n

THE CRIMES

On September 22, 1993, shortly after 6:00 p.m., Wisnosky’s nude body was discovered floating in die Lafayette River, in the City of Norfolk. Nearby, the police found a leather shoe, later identified as Wisnosky’s, on one of the steps leading down to the river. The police also found a washcloth, which appeared to be bloodstained.

An autopsy, performed by a state deputy medical examiner, revealed that Wisnosky had sustained at least 10 severe blows to the back and right side of her head, fracturing her skull. The blows had been inflicted by a heavy, blunt object, such as a ball peen hammer.

The autopsy further revealed that Wisnosky had sustained bruising to her abdomen, which the examiner testified could have been caused by a blow to Wisnosky’s abdomen or by the assailant’s kneeling on her “to hold filer] in place.” Wisnosky also had sustained bmises to her neck and larynx, and petechiae were found on her face which, according to the medical examiner, were “a manifestation of mechanical asphyxia.”2 These findings suggested to the examiner that Wisnosky had been “manually strangled.”

Additionally, the medical examiner found bruising on the introitos of Wisnosky’s vagina and a half-inch tear of her anal opening. The examiner opined that the bruising had been sustained prior to Wisnosky’s death and that the anal tear had been inflicted “very close to the time of her death.” The examiner also opined that such a tear is usually caused by “forcible stretching.”

The examiner further opined that Wisnosky’s death was not caused by drowning although a “little fluid” was found in her lungs. [166]*166He, however, could not rule out the possibility that Wisnosky may not have been dead when her body was put into the water. The “primary cause” of Wisnosky’s death, according to the medical examiner, was the head injuries. The mechanical asphyxia was a contributing factor.

Wisnosky was a 17-year-old Caucasian and a student in her first year at Old Dominion University (ODU). Nicki Vanbelkum, Wisnosky’s dormitory roommate, last saw Wisnosky alive on the afternoon of September 21, 1993. Vanbelkum and Wisnosky had planned to meet later that day, but Wisnosky did not appear.

Bamabei, also a Caucasian, first arrived in the Norfolk-Virginia Beach area in August 1993. He identified himself to others as “Serafino” or “Serf” Bamabei and claimed to have been a member of the Tau Kappa Epsilon (TKE) fraternity at Rutgers University.3 Soon thereafter, Bamabei began to associate with members of TKE at ODU. He rented a room in a house that was occupied by four other young men, who were either past or present students at ODU.

Bamabei became acquainted with Wisnosky, and the two attended a number of functions at the rooming house. On several occasions, Wisnosky spent the night with Bamabei.

On one of those occasions, Wisnosky and Vanbelkum went to Bamabei’s rooming house for a “toga party,” conducted by the TKE fraternity. Wisnosky became intoxicated and refused to leave the party with Vanbelkum. Bamabei appeared to shun Wisnosky throughout the party, and he told Thomas Walton, a TKE member, to “keep [Wisnosky] away from him because he was trying to hook up with someone else.” Walton and Daniel Paul Wilson, another student, kept Wisnosky company on the front porch of the house. When Walton and Wilson asked Wisnosky about her relationship with Bamabei, she remarked, “He is all right, but I have had better.” About 5:00 a.m., Walton left Wisnosky asleep in Bamabei’s bed, and, later that morning, Wisnosky returned to her dormitory room without incident.

The following day at a fraternity meeting, when Bamabei “was bragging about his sex life” and Walton told those in attendance about Wisnosky’s remark, Bamabei became agitated. When those present began to laugh and tease him, he denied that he had had [167]*167sexual intercourse with Wisnosky, stating that they had had only oral sex.

On September 22, 1993, about 1:00 a.m., William Rolland Gee, TTT, a TKE pledge, drove Bamabei from a TKE pledge meeting to Bamabei’s rooming house. Wisnosky was in Bamabei’s room when Gee departed about 45 minutes later.

Sometime in the early hours of September 22, Michael Christopher Bain, who lived in the bedroom directly above Bamabei’s, began hearing very loud music emanating from Bamabei’s room. Bain first stomped on the floor in an unsuccessful effort to get Bamabei to reduce the volume of the music. Bain and David Wirth, another roomer in the house, then went downstairs. They pounded on Bamabei’s door for about five minutes, but no one answered, and they tried to open the door, but it was locked.

Meanwhile, Troy Manglicmot, another occupant of the house, was suddenly awakened when.Bamabei mshed into his room. Speaking in a “strong, forceful tone,” Bamabei demanded that Manglicmot move his vehicle because it was blocking Bamabei’s car in the driveway next to the house. Bamabei took Manglicmot’s car keys, but he could not start the vehicle. Manglicmot then moved his vehicle, and Bamabei began to back his car out of the driveway. After striking the side of the house next door and nearly colliding with Manglicmot’s vehicle and Wirth’s truck, Bamabei “pulled out real fast” onto the street and drove away.

That same morning, about 2:30 a.m., Justin Dewall, another roomer in the house, returned to the house and was unable to find his dog. In the course of looking through the house for the dog, he knocked on Bamabei’s door. When Bamabei opened the door slightly, Dewall observed that Bamabei was “stark naked” and that Bamabei’s face was expressionless. Bamabei appeared “wide-eyed, open-mouthed, and he wasn’t focusing on [Dewall] when he was looking at [him].”

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

Related

Paul Allen Marshall v. Commonwealth of Virginia
Court of Appeals of Virginia, 2024
Lawlor v. Commonwealth
Supreme Court of Virginia, 2013
Commonwealth v. Diaz
84 Va. Cir. 537 (Fairfax County Circuit Court, 2012)
Prieto v. Commonwealth
Supreme Court of Virginia, 2012
Dowdy v. Com.
686 S.E.2d 710 (Supreme Court of Virginia, 2009)
Victor Michael Branche v. Commonwealth
Court of Appeals of Virginia, 2006
Juniper v. Com.
626 S.E.2d 383 (Supreme Court of Virginia, 2006)
Johnson v. Commonwealth
591 S.E.2d 47 (Supreme Court of Virginia, 2004)
Sanchez v. Commonwealth
585 S.E.2d 337 (Court of Appeals of Virginia, 2003)
Green v. Commonwealth
580 S.E.2d 834 (Supreme Court of Virginia, 2003)
David Wesley Spencer v. Commonwealth
Court of Appeals of Virginia, 2002
Commonwealth v. Washington
559 S.E.2d 636 (Supreme Court of Virginia, 2002)
Shun O'Neal Patterson v. Commonwealth of Virginia
Court of Appeals of Virginia, 2002
Remington v. Commonwealth
551 S.E.2d 620 (Supreme Court of Virginia, 2001)
Shajuan Lee McRae v. Commonwealth of Virginia
Court of Appeals of Virginia, 2001
Schmitt v. Commonwealth
Supreme Court of Virginia, 2001
Powell v. Commonwealth
552 S.E.2d 344 (Supreme Court of Virginia, 2001)
Powell v. Com.
544 S.E.2d 679 (Supreme Court of Virginia, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
477 S.E.2d 270, 252 Va. 161, 1996 Va. LEXIS 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnabei-v-commonwealth-va-1996.