Bynum v. Commonwealth

506 S.E.2d 30, 28 Va. App. 451, 1998 Va. App. LEXIS 556
CourtCourt of Appeals of Virginia
DecidedNovember 3, 1998
Docket2194971
StatusPublished
Cited by20 cases

This text of 506 S.E.2d 30 (Bynum v. Commonwealth) 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
Bynum v. Commonwealth, 506 S.E.2d 30, 28 Va. App. 451, 1998 Va. App. LEXIS 556 (Va. Ct. App. 1998).

Opinions

LEMONS, Judge.

Robbin A. Bynum was convicted by a jury of aggravated malicious wounding, use of a firearm while committing aggravated malicious wounding, and maliciously shooting into an occupied vehicle. On appeal, he contends the trial court erred in: (1) allowing the Commonwealth to introduce a statement during its case-in-chief that the court had previously suppressed; (2) allowing the statement to be used as substantive evidence, rather than for the limited purpose of impeachment; and (3) admitting the entire statement, as opposed to the portions which were inconsistent with his trial testimony. Mr. Bynum also contends that if the statement had been properly suppressed, the remaining evidence was insufficient to support his convictions. We disagree with each of his contentions and affirm.

BACKGROUND

On May 17, 1996, in the early evening hours, Katherine Bynum, the victim, was shot by her husband, Robbin A. Bynum, appellant, while she was seated in Mr. Bynum’s truck in the driveway of their home. Following a disagreement between them, Mr. Bynum fired a bullet through the windshield hitting Mrs. Bynum. She left the scene immediately [455]*455after the shooting. The evidence reveals that Mr. Bynum did not know his wife had been hit by the bullet.

The following morning, Mr. Bynum came to the Portsmouth Police Department for questioning. While there, he made a statement regarding the incidents of the previous evening. Prior to trial, the trial judge ruled that the statement was made in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and granted Mr. Bynum’s motion to suppress. At the trial, however, counsel for Mr. Bynum referred to a portion of the suppressed statement in his opening statement to the jury. Counsel acknowledged that Mr. Bynum had fabricated a story for the police during his initial questioning and stated that Mr. Bynum would address his statement in his trial testimony. The Commonwealth’s attorney made no objection during counsel’s statement.

After Mr. Bynum’s counsel completed his opening statement, the Commonwealth’s attorney sought a ruling from the court regarding whether opposing counsel’s reference to the suppressed statement allowed the Commonwealth to introduce the statement for either impeachment or substantive purposes. Because defense counsel had told the jury about the statement, the trial judge ruled that the Commonwealth could introduce the statement in its case-in-chief or for impeachment of the defendant. The Commonwealth later introduced Mr. Bynum’s entire statement into evidence as a part of its casein-chief.

Mrs. Bynum testified at trial that she arrived at the home she shared with Mr. Bynum at approximately 4:30 p.m. on May 17, 1996. She stated that they spent several hours together and that they shared a liter of rum. Some time later that evening, Mrs. Bynum stated that she entered Mr. Bynum’s truck to go buy cigarettes before they went to a local festival. She testified that a disagreement ensued between the couple when she found a bottle of vodka hidden in the truck that Mr. Bynum had allegedly consumed before she arrived home that afternoon. Mrs. Bynum testified that the [456]*456two argued through the closed window of the truck. Mrs. Bynum stated that as she backed the truck out of the driveway, she did not see a gun in her husband’s hand, nor did she see him shoot, although she heard the shot and felt the bullet as it entered her shoulder.

Detective Leroy Saunders, Jr., of the Portsmouth Police Department, testified that he took a statement from Mr. Bynum on the morning of May 18, 1996. The audiotape of the statement was played for the jury. In the statement, Mr. Bynum said that an altercation had occurred between himself and his wife on the previous evening. Mr. Bynum stated that his wife left their home in his truck to purchase cigarettes and that an argument ensued when she returned. Mr. Bynum stated that his wife suspected him of seeing an old girlfriend and that Mrs. Bynum retrieved his gun from their bedroom and threatened to go to the house of the woman to kill her. In this statement, Mr. Bynum described a “tussling contest” between himself and his wife which took place outside the house and in front of the truck when he tried to remove the gun from his wife’s hands. Mr. Bynum told Detective Saunders that during the struggle, a bullet was discharged which entered the windshield of the truck. Mr. Bynum stated that after the gun went off, he was able to remove the gun from her hands, and he began to walk back to the house. He stated that his wife then entered the truck and began yelling at him until he went into the house. Mr. Bynum stated that his wife then drove away in the truck. In his statement to Detective Saunders, Mr. Bynum also stated that he had thought about killing his wife, although he had not had such thoughts the previous evening.

Mr. Bynum testified on his own behalf that on the evening of the shooting, he was carrying a large sum of money on his person, as well as a gun for protection. He stated that he and his wife had an argument when she found out he had been drinking earlier that afternoon. He testified that his wife was in the truck while they argued. He stated that he removed his gun from his pocket and displayed it to scare his wife. He stated that he accidentally shot the windshield of the truck [457]*457when he lost his balance and fell into a flowerbed on the way-back to the house. Mr. Bynum further stated that because his wife drove the truck out of the driveway, he did not realize she had been shot and he continued into the house.

ADMISSION OF THE STATEMENT

Mr. Bynum contends the trial court erred when it allowed the Commonwealth to introduce a statement during its casein-chief that had been previously suppressed. For the reasons that follow, we hold that the introduction of the statement was not reversible error.

The court’s initial suppression of the statement was erroneous. In determining whether a suspect is in custody for purposes of Miranda, “the only relevant inquiry is how a reasonable man in the suspect’s shoes would have understood his situation.” Berkemer v. McCarty, 468 U.S. 420, 442, 104 S.Ct. 3138, 82 L.Ed.2d 317 (1984). The “totality of the circumstances” considered in this inquiry includes “whether a suspect is questioned in neutral or familiar surroundings, the number of officers present, the degree of physical restraint, and the duration and character of the interrogation.” Lanier v. Commonwealth, 10 Va.App. 541, 554, 394 S.E.2d 495, 503 (1990). A police officer’s subjective view that the individual being questioned is a suspect, if undisclosed, does not bear upon the question of whether the individual is in custody for Miranda purposes. Stansbury v. California, 511 U.S. 318, 114 S.Ct. 1526, 128 L.Ed.2d 293 (1994). The officers’ beliefs are relevant only to the extent that “potential culpability of the individual [is] manifested to the individual.” Harris v. Commonwealth, 27 Va.App. 554, 565, 500 S.E.2d 257, 262 (1998).

At the hearing held on the motion to suppress Mr. Bynum’s statement, Sergeant Timothy J.

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

Related

Rodney Ray Williams v. Commonwealth of Virginia
Court of Appeals of Virginia, 2024
Robel Abebe Getachew v. Commonwealth of Virginia
Court of Appeals of Virginia, 2024
Jamar Paxton v. Commonwealth of Virginia
Court of Appeals of Virginia, 2024
James Thomas Charnick v. Commonwealth of Virginia
Court of Appeals of Virginia, 2024
Isaac v. Commonwealth
708 S.E.2d 435 (Court of Appeals of Virginia, 2011)
People v. Davis
312 P.3d 193 (Colorado Court of Appeals, 2010)
Leroy Stevenson, Jr. v. Commonwealth
Court of Appeals of Virginia, 2006
Hakim M. Abdul-Wasi v. Commonwealth
Court of Appeals of Virginia, 2005
Henry G. Perry Bey v. Commonwealth of Virginia
Court of Appeals of Virginia, 2002
State v. Trotter
632 N.W.2d 325 (Nebraska Supreme Court, 2001)
Hucks v. Commonwealth
531 S.E.2d 658 (Court of Appeals of Virginia, 2000)
Cooper v. Commonwealth
525 S.E.2d 72 (Court of Appeals of Virginia, 2000)
Warren H. Brandon v. Commonwealth of Virginia
Court of Appeals of Virginia, 2000
Bynum v. Commonwealth
506 S.E.2d 30 (Court of Appeals of Virginia, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
506 S.E.2d 30, 28 Va. App. 451, 1998 Va. App. LEXIS 556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bynum-v-commonwealth-vactapp-1998.