Commonwealth v. Kartozia

CourtSupreme Court of Virginia
DecidedJune 5, 2025
Docket1240294
StatusPublished

This text of Commonwealth v. Kartozia (Commonwealth v. Kartozia) 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
Commonwealth v. Kartozia, (Va. 2025).

Opinion

PRESENT: All the Justices

COMMONWEALTH OF VIRGINIA OPINION BY v. Record No. 240294 CHIEF JUSTICE S. BERNARD GOODWYN JUNE 5, 2025 LUKA KARTOZIA

FROM THE COURT OF APPEALS OF VIRGINIA

In this appeal, we consider whether the circuit court erred in denying a jury instruction,

proposed by the defendant, regarding a good-faith claim-of-right defense to a trespassing charge.

I. BACKGROUND

Just after midnight on February 23, 2022, security guard Herman Austin observed Luka

Kartozia near a back entrance of Turnberry Tower, a condominium high rise. Kartozia’s

presence there was unusual for several reasons: it was approximately 12:05 a.m. on a

Wednesday, the front entrance of Turnberry Tower has a concierge to assist visitors, the back

entrance to Turnberry Tower is reserved for use by residents with keycard access, and Kartozia

was “acting erratic . . . doing squats” and “pacing . . . back and forth” in a garden area utilized as

a resident dog park. Kartozia was also using a nearby Turnberry Tower outside power outlet to

charge his cell phone.

Austin approached Kartozia and informed him that he was on private property and

needed to leave unless he was a resident of Turnberry Tower. When Kartozia did not respond,

Austin inquired whether Kartozia knew anyone who resided at Turnberry Tower. Kartozia stated

that he did know a resident named Phil Yang. Austin then offered to contact Yang for Kartozia,

and explained that Kartozia was not permitted to “just loiter” and “stand around.” Kartozia

declined Austin’s offer to contact Yang. Austin left Kartozia and went to inform his supervisor, Eric Walker, of his interaction

with Kartozia. Together, Walker and Austin subsequently approached Kartozia, who was still in

the garden area. Walker asked Kartozia, “[A]re you here for someone? We can call them. If

not, you have to leave.”

Kartozia responded, “[W]hy are you so mad?” Walker again told Kartozia, “[S]ir, if

you’re here for someone, we’ll call them. If not, you’re going to have to leave the property.”

Kartozia did not state that he was visiting anyone, nor did he accept Walker’s offer to contact a

resident. Instead, Kartozia replied, “[D]o what [you] have to do.”

Walker called the Arlington Police Department, informing dispatch that there was a

trespasser on the premises of Turnberry Tower. At approximately 1:30 a.m., Arlington Police

Officer Nigel Reed and his partner arrived at Turnberry Tower and spoke with the Turnberry

Tower security officers. They informed the police officers that Kartozia had been asked to leave

the premises multiple times.

Officer Reed and his partner approached Kartozia and explained to him why they were

there and that Turnberry Tower security wanted him to leave. The officers asked Kartozia

several times why he was there. Kartozia eventually responded that he was visiting a friend.

The officers then asked Kartozia to contact the resident he claimed to know. Kartozia told them

that it “wasn’t his responsibility” to contact the resident, and “[s]ecurity should do it.” Kartozia

unplugged his telephone and told the officers that he had the contact information for the resident

he claimed to know, Yang, in his phone. Kartozia then asked if it would help if he contacted

Yang. When Officer Reed responded “Yes,” Kartozia replied that he “wasn’t going to do that.”

The police officers asked Kartozia to leave the Turnberry Tower property “[a]t least six

or seven times,” but Kartozia refused. He was “uncooperative with every opportunity” and

2 called the officers explicit sexual slurs. Kartozia never contacted, or attempted to contact, Yang,

nor did he do anything else to initiate visiting with Yang or any other resident of Turnberry

Tower.

After informing Turnberry Tower security staff that Kartozia “was not willing to leave”

and confirming that authorized security staff wanted to pursue trespass charges against Kartozia,

because of Kartozia’s refusal to leave the premises, Officer Reed placed Kartozia under arrest.

Kartozia was charged with trespassing in violation of Code § 18.2-119 and was found

guilty in the Arlington County General District Court. He appealed his conviction to the

Arlington County Circuit Court for a trial de novo.

At trial in the circuit court, the Commonwealth presented testimony from security guards

Austin and Walker, and from Officer Reed. Walker explained that Turnberry Tower requires

unaccompanied visitors to come to the main entrance at the front of the building. Visitors must

then inform the concierge which resident they are there to see, and the concierge will use a

“building link” system to contact the resident and let them know that they have a visitor that they

need to come meet. Walker testified that Kartozia did not come through the main entrance of the

building or speak with the concierge on the night in question. Further, if he was there as a

visitor, Kartozia did not, at any point, accept Walker’s offer to contact the resident Kartozia

claimed to know and was allegedly there to visit.

Kartozia called Yang to testify in his defense. Yang confirmed that he resides at

Turnberry Tower and knows Kartozia. Yang stated that Kartozia had visited Yang “five to six”

times in the last three or four years. Yang testified that he was home on the night of February

23rd, but that neither Kartozia nor anyone else contacted him about Kartozia’s presence on the

property. He had no idea that Kartozia was there.

3 On cross-examination, Yang admitted that “the normal procedure” when visitors come to

visit is to “come to the front desk to check in . . . . and let whoever is sitting there know who

they’re there to visit, [and] . . . then the desk will contact the resident.” Yang also testified that,

although a visitor may arrive at the premises alone, “the visitor is not just free to be anywhere in

Turnberry Tower that they wish.” Yang explained that although a visitor may have to wait for “a

second” while the resident comes down to get them, it’s “not typical” for visitors to “wander

around” the property unescorted.

Kartozia testified in his own defense. Kartozia stated that he arrived at Turnberry Tower

on February 23rd to visit Yang, who he had visited there “many times” before. Kartozia testified

that the process for visiting Yang was “different every time,” explaining that he “could just pull

up and say, Phil, I’m here.” Sometimes Yang was hosting a party, allowing Kartozia to walk in,

or “[s]ometimes the security [would] call him,” and Yang would come down on the elevator to

meet Kartozia. On the night in question, Kartozia testified that his phone was dead, and that he

was standing in “a seating area with benches and a power outlet” that Kartozia plugged his phone

into, “doing yoga and waiting for [his] phone to charge so [he could] hit up Phil.”

Kartozia testified that he told security guard Austin that he knew Phil Yang. Regarding

what he told the police officers, Kartozia stated:

[T]hey were asking me questions and I felt as though I didn’t have to answer these questions because I knew I was there for Phil. And I told them I was there for Phil. And I said to them, [“I]f you want to contact Phil, make sure that I’m here for somebody, then you go ahead and do that. Otherwise, I have no business with you and you have no business with me.

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