Carosi v. Com.

701 S.E.2d 441, 280 Va. 545
CourtSupreme Court of Virginia
DecidedNovember 4, 2010
Docket100143
StatusPublished
Cited by62 cases

This text of 701 S.E.2d 441 (Carosi v. Com.) 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
Carosi v. Com., 701 S.E.2d 441, 280 Va. 545 (Va. 2010).

Opinion

701 S.E.2d 441 (2010)

Angela Marie CAROSI
v.
COMMONWEALTH of Virginia.

Record No. 100143.

Supreme Court of Virginia.

November 4, 2010.

*442 John D. Mayoras (Spencer, Mayoras, Henderson, & Koch, on brief), for appellant.

Virginia B. Theisen, Senior Assistant Attorney General (Kenneth T. Cuccinelli II, Attorney General, on brief), for appellee.

Present: All the Justices.

OPINION BY Justice LAWRENCE L. KOONTZ, JR.

In this appeal, we consider whether the Court of Appeals erred in finding that three convictions for child endangerment in violation of Code § 40.1-103(A) were supported by sufficient evidence that the defendant endangered the lives of her three children by permitting illegal drugs to be kept in her home in a place accessible to the children.

BACKGROUND

When the sufficiency of the evidence is challenged on appeal of a criminal conviction, we review "the evidence in the light most favorable to the Commonwealth, the prevailing party in the circuit court, and we accord the Commonwealth the benefit of all reasonable inferences deducible from the evidence." Brown v. Commonwealth, 278 Va. 523, 527, 685 S.E.2d 43, 45 (2009). When so viewed, the evidence adduced at trial showed that shortly after 10 P.M. on February 28, 2008, Virginia State Police Special Agent Richard Boyd, Jr. executed a search warrant *443 at 214 Oak Grove Lane in Stafford County. This residence is where Angela Marie Carosi lived with her three children, ages 10, 5 and 3, all of whom were present in the home at the time of the search. Cavell Thomas, the father of two of the children, also frequently stayed in the residence. However, Thomas was not present at the time of the search, as he was being held in custody on drug charges in another jurisdiction.

In the master bedroom of the home, which Carosi shared with Thomas, Boyd found a glass jar containing marijuana, two "bongs" or smoking devices, a digital scale with a powdery residue, and plastic bags in an upper cabinet of an unlocked wardrobe. In an unlocked safe inside the wardrobe, Boyd also found prescription bottles containing oxycodone and methylenedioxymethamphetamine, commonly known as MDMA or ecstasy.[1] On top of the safe was a plate with two razor blades and powdered cocaine. Boyd further observed that there was no lock on the master bedroom door and that all the drugs in the wardrobe would be within the reach of a small child.

Boyd subsequently testified at trial that Carosi told him the smoking devices were in the wardrobe, that she kept clothing in the drawers of the wardrobe, and that the safe belonged jointly to her and Thomas. She denied any knowledge of the drugs that Boyd had found inside the safe.

On August 4, 2008, the Stafford County Grand Jury indicted Carosi for three counts of child abuse in violation of Code § 18.2-371.1(B)(1) and three counts of child endangerment in violation of Code § 40.1-103(A), both offenses being Class 6 felonies.[2] Carosi was also indicted for possession of marijuana with intent to distribute in violation of Code § 18.2-248.1 and three counts of possession of cocaine, oxycodone, and MDMA in violation of Code § 18.2-250. The Commonwealth subsequently dismissed the felony child abuse charges by nolle prosequi.

On March 4, 2009, a two-day jury trial on the child endangerment and drug possession charges commenced in the Circuit Court of Stafford County. Boyd testified concerning the February 28, 2008 search of Carosi's home as described above. After presenting evidence from a forensic expert, who identified the marijuana, cocaine, oxycodone, and MDMA, the Commonwealth rested its case.

Carosi moved to strike the child endangerment charges, contending that "[t]here is no evidence whatsoever that the children knew that there were drugs in the house. There is no evidence whatsoever that there was drug use going on in front of these children. There [is] no evidence whatsoever that [the children] actually had access to the bedroom and they could go in there." Thus, Carosi contended that the jury would have to speculate as to whether the children had actually been placed in a situation endangering their lives through her alleged willful or negligent conduct.

The Commonwealth responded that the children had "access to dangerous drugs" because there were no "locks or any prohibitions on the door to prohibit the [children] from coming into their mother's room." Thus, the Commonwealth asserted that the elements of Code § 40.1-103(A) could be satisfied "solely on the children's access to the Schedule I or Schedule II drugs and marijuana."

Carosi responded that children merely having potential access to drugs was different *444 from a case where "there is drug dealing going on in front of the children." She contended that the possibility of access to drugs is "no different than having a cabinet under the sink where you keep dangerous ... cleaning supplies." She reiterated that the evidence did not show that "there was anything going on in front of the children or that the children even knew [the drugs were] there and had free access into the bedroom." The circuit court denied the motion to strike the child endangerment charges.

Thereafter, Thomas was called as a witness for the defense. Thomas took full responsibility for the drugs found in the home, stating that the wardrobe was his "and I wanted to hide [the drugs] there." He denied that Carosi kept any belongings in the wardrobe and maintained that he did not use drugs in the home. On cross-examination, Thomas gave equivocal answers to a series of questions concerning whether any of Carosi's clothing was kept in the wardrobe. Nevertheless, he insisted that "all the drugs were mine" and that, other than the marijuana, he had placed the drugs in the wardrobe the day before the search was conducted.

Concerning ownership of the safe, Thomas testified that while he purchased the safe, Carosi might have told Boyd that she and Thomas owned the safe jointly because "everything like mines [(sic)], is basically hers.... if she wanted to claim the safe, she could." He further testified that although there were two bongs in the wardrobe, both belonged to him. Asked why he would keep two bongs in the home if Carosi did not smoke marijuana, as he maintained, Thomas replied that the two were "total different instruments if you look at them clearly" and that they were of "[d]ifferent styles."

The Commonwealth concluded its cross-examination of Thomas by impeaching him through prior inconsistent statements he had made to a probation officer for a pre-sentence report following his conviction on drug trafficking charges. Specifically, the Commonwealth established that Thomas had denied using marijuana, cocaine, or other drugs recently. Thomas responded either that he could not recall what statements he had made or that he did not know what had been stated in the pre-sentence report.

Carosi testified on her own behalf. She maintained that Thomas brought the wardrobe to the home. Carosi denied that she kept any clothing or other property in the wardrobe, though she conceded that she sometimes would borrow a pair of Thomas' socks that were kept in the wardrobe. She further testified that while her children "[s]ometimes" would go into her bedroom, she had never seen them playing in the wardrobe.

Carosi specifically denied having any knowledge of the drugs or the bongs, and denied that she smoked marijuana or used any type of illegal drugs.

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Bluebook (online)
701 S.E.2d 441, 280 Va. 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carosi-v-com-va-2010.