Jason Jamal Locust v. Commonwealth of Virginia

CourtCourt of Appeals of Virginia
DecidedApril 29, 2025
Docket0258241
StatusUnpublished

This text of Jason Jamal Locust v. Commonwealth of Virginia (Jason Jamal Locust 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.

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Jason Jamal Locust v. Commonwealth of Virginia, (Va. Ct. App. 2025).

Opinion

COURT OF APPEALS OF VIRGINIA UNPUBLISHED

Present: Judges AtLee, Friedman and Frucci Argued at Norfolk, Virginia

JASON JAMAL LOCUST MEMORANDUM OPINION* BY v. Record No. 0258-24-1 JUDGE FRANK K. FRIEDMAN APRIL 29, 2025 COMMONWEALTH OF VIRGINIA

FROM THE CIRCUIT COURT OF THE CITY OF NORFOLK Robert B. Rigney, Judge

(J. Barry McCracken, Assistant Public Defender, on brief), for appellant. Appellant submitting on brief.

Andrew T. Hull, Assistant Attorney General (Jason S. Miyares, Attorney General, on brief), for appellee.

Following the trial court’s denial of his motion to suppress the evidence, Jason Jamal

Locust entered a conditional plea of guilty to possessing a firearm by a convicted violent felon.

The court sentenced Locust to three years of incarceration with one year suspended. On appeal,

Locust argues that “the trial court erred in denying [his] motion to suppress evidence because the

discovery and seizure of the firearm were the product of an illegal detention not predicated on a

reasonable and articulable suspicion of illegal activity.” For the following reasons, we affirm his

conviction.

* This opinion is not designated for publication. See Code § 17.1-413(A). BACKGROUND1

On November 23, 2022, Officer Antonio Lockinour was on routine patrol in the City of

Norfolk. That evening, Officer Lockinour drove to the “Tinee Giant” convenience store where he

encountered Locust. Officer Lockinour noticed a “large bulky item that was swinging” in Locust’s

pocket and seemed “unnatural.” Locust looked in Officer Lockinour’s direction and shielded his

body away from the officer before going inside the store.

When Locust exited the store, he walked down the street towards the nearby residences and

Officer Lockinour and another officer followed on foot. When the officers caught up to Locust,

Officer Lockinour called out, “What’s up bossman?,” and Locust responded, “What’s up, what’s

going on?” Officer Lockinour stated that he was “just out [there] enjoying the weather.” While

they talked, Officer Lockinour directed the other officer’s attention to the “L-shape[d]” “large bulky

item” in Locust’s left pocket which appeared to be the “slide” and “handle” of a firearm. Officer

Lockinour asked Locust if he had a concealed weapon permit and Locust responded, “I don’t know

what you’re talking about.” The officer described the “L-shape[d] bulge” in Locust’s left pocket

and Locust replied that they “d[id]n’t see nothing.” Officer Lockinour asked to see Locust’s

concealed weapon permit and when Locust did not comply, Officer Lockinour asked Locust if he

had a permit. Locust replied, “Yea, I’m about to go get it.” Officer Lockinour asked Locust for his

identification so they could check if he had a permit on file.

1 “Consistent with the standard of review when a criminal appellant challenges the sufficiency of the evidence, we recite the evidence below ‘in the “light most favorable” to the Commonwealth, the prevailing party in the trial court.’” Hammer v. Commonwealth, 74 Va. App. 225, 231 (2022) (quoting Commonwealth v. Cady, 300 Va. 325, 329 (2021)). This standard “requires us to ‘discard the evidence of the accused in conflict with that of the Commonwealth, and regard as true all the credible evidence favorable to the Commonwealth and all fair inferences to be drawn therefrom.’” Cady, 300 Va. at 329 (quoting Commonwealth v. Perkins, 295 Va. 323, 324 (2018)). -2- Locust arrived at the residence where he was staying and told the officers he was “about to

go get his information.” Officer Lockinour expressed his concern about the “heavy” “L-shaped”

item in Locust’s pocket and told Locust he saw him tapping the item and turning his body away

from the officers. At that point, the officers prevented Locust from entering the residence and asked

for his identification. Officer Lockinour looked up Locust’s information and determined that he did

not have a concealed weapon permit. Officer Lockinour recovered the firearm from Locust and

subsequently learned that Locust was a convicted felon.

In the trial court, Locust moved to suppress the evidence on the ground that the officers did

not have a reasonable articulable suspicion to stop Locust “solely on the presence of what

appear[ed] to be a concealed firearm without establishing first that it [was] concealed in violation of

the law.” The trial court took Locust’s motion under advisement.

On October 18, 2023, the trial court issued an order denying Locust’s motion to suppress.

The court stated that Locust evaded the officers’ questions about whether he possessed a concealed

weapon permit, which gave the officers reasonable suspicion that Locust was unlawfully carrying a

concealed weapon. Citing Morris v. City of Virginia Beach, 58 Va. App. 173, 183 (2011), the court

stated that “[t]he mere possibility of an innocent explanation – that the defendant in fact had a

concealed weapons permit – does not necessarily exclude a reasonable suspicion that the defendant

might be violating the law.”

Locust entered a conditional guilty plea stipulating to the sufficiency of the evidence and

reserving his right to appeal the denial of his suppression motion. At the plea hearing, the parties

executed a written stipulation of facts. The stipulation provided that,

[o]n or about November 23, 2022, the defendant, Jason Jamal Locust, was walking on the 700 block of Chapel Street in the City of Norfolk when Norfolk Police officers observed a large L-shaped bulge in his left pocket. Officers approached and were able to observe the slide and grip of a firearm in his pocket. Officers followed Locust and asked for his identifying information. Locust -3- did not have a concealed carry permit on file and had previously been convicted of robbery. Locust willingly handed over the firearm.

The trial court convicted Locust of possession of a firearm by a convicted violent felon and

sentenced him to three years of incarceration with one year suspended.

ANALYSIS

“In reviewing the denial of a motion to suppress, we ‘consider the facts in the light most

favorable to the Commonwealth, the prevailing party at trial.’” Aponte v. Commonwealth, 68

Va. App. 146, 156 (2017) (quoting Hairston v. Commonwealth, 67 Va. App. 552, 560 (2017)).

In conducting our review, we are “bound by the trial court’s factual findings unless those

findings are plainly wrong or unsupported by the evidence,” however, we review “the trial

court’s application of the law de novo.” Malbrough v. Commonwealth, 275 Va. 163, 168-69

(2008). “Thus, ‘we give deference to the factual findings of the trial court but independently

decide whether, under the applicable law, the manner in which the challenged evidence was

obtained satisfies constitutional requirements.’” Shiflett v. Commonwealth, 47 Va. App. 141,

145-46 (2005) (quoting Jackson v. Commonwealth, 267 Va. 666, 672 (2004)). “It is the

appellant’s burden to show that when viewing the evidence in such a manner, the trial court

committed reversible error.” Aponte, 68 Va. App. at 156 (quoting Hairston, 67 Va. App. at 560).

On appeal, Locust argues that Officer Lockinour lacked a reasonable and articulable basis

to stop and detain him. He contends that the officer’s impression that the item was a concealed

firearm was “hardly more than sheer speculation” and that the trial court “relied exclusively on

the officer’s subjective opinion that the item was likely a firearm.” Locust’s claim, however, is

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