Raheem Tyree Walters v. Commonwealth of Virginia

CourtCourt of Appeals of Virginia
DecidedNovember 6, 2024
Docket0840233
StatusUnpublished

This text of Raheem Tyree Walters v. Commonwealth of Virginia (Raheem Tyree Walters 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.

Bluebook
Raheem Tyree Walters v. Commonwealth of Virginia, (Va. Ct. App. 2024).

Opinion

COURT OF APPEALS OF VIRGINIA UNPUBLISHED

Present: Judges Huff, Athey and Fulton Argued by videoconference

RAHEEM TYREE WALTERS MEMORANDUM OPINION* BY v. Record No. 0840-23-3 JUDGE CLIFFORD L. ATHEY, JR. NOVEMBER 6, 2024 COMMONWEALTH OF VIRGINIA

FROM THE CIRCUIT COURT OF PITTSYLVANIA COUNTY Stacey W. Moreau, Judge

Jason S. Eisner for appellant.

Tanner M. Russo, Assistant Attorney General (Jason S. Miyares, Attorney General, on brief), for appellee.

Following a bench trial held on February 14, 2023, in the Circuit Court of Pittsylvania

County (“trial court”), Raheem Tyree Walters (“Walters”) was convicted of possession of

methamphetamine and possession of drugs by an inmate. By final order entered on April 13,

2023, the trial court sentenced Walters to a total of 10 years’ imprisonment, with 8 years, 8

months suspended. On appeal, Walters assigns error to the trial court for finding: 1) that the

Commonwealth established an unbroken chain of custody of the illegal substances found in his

possession and 2) that the evidence was sufficient to prove Walters knew he possessed those illegal

substances. Finding no error, we affirm the trial court’s judgment.

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

Walters was incarcerated at Green Rock Correctional Center (“Correctional Center”), in

Chatham, Virginia, on January 24, 2020. During that day, Corrections Officer Ashley Pope

(“Officer Pope”) and another corrections officer conducted a random search of Walters’s cell

that he shared with another inmate. During the search, both Walters and his cellmate were

handcuffed and placed outside of the cell.

Officer Pope subsequently discovered a jar of “medical cream” in the cell located on a

shelf above the sink. When she picked up the jar, she heard a “rattling” noise. She then opened

the jar and discovered that the jar contained an “insert.” Officer Pope then proceeded to remove

this “insert” from the inside of the jar, and under the insert, she found two “orange-colored

strips” and “a piece of an oatmeal packet with white powder inside of it.” When the inmates

were asked “whose jar of cream it was” and about the jar’s contents, Walters “claimed . . .

ownership for all of it.”

Following the completion of the search, Officer Pope maintained possession of the jar

until she sealed it in an evidence bag at 7:30 p.m. that night. At trial, she testified that she placed

the evidence bag in a “drop box” within the “evidence locker” at the “watch office.” The drop

box included a locking “mechanism” that allowed Officer Pope to place the evidence bag in the

drop box which was then dropped in the evidence locker thereby permitting only those officers

who had “a key to that locker” to access the evidence. The evidence locker was located in the

office of Sergeant C. Warring (“Sergeant Warring”), the “actual supervisor” of the Correctional

1 On appeal, we review the evidence “in the ‘light most favorable’ to the Commonwealth, the prevailing party in the circuit court.” Hammer v. Commonwealth, 74 Va. App. 225, 231 (2022) (quoting Commonwealth v. Cady, 300 Va. 325, 329 (2021)). Doing so 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- Center’s “institutional investigators.” Officer Pope further noted in the evidence log that

Sergeant Warring received the jar upon its deposit in the box. Only Sergeant Warring and two

other “institutional investigators” could access the evidence box. After depositing the evidence

bag in the drop box, Officer Pope testified that she had no further access to the jar. Later that

same day, she also prepared a written report logging these events.2 In her report, Officer Pope

described the contents of the jar as being “two Suboxone strips and a white powdery substance.”

On January 27, 2020, Sergeant Warring retrieved the evidence bag from the drop box in

the evidence locker before giving it to fellow Investigative Officer Arnold Hamlett (“Officer

Hamlett”). Officer Hamlett testified that he was responsible for logging the chain of custody for

contraband seized at the Correctional Center.3 Officer Hamlett further testified that he then took

the evidence out of the evidence bag, “took photographs of it, placed it in a [different] evidence

bag, . . . and then started writing it in [his] evidence log.” Officer Hamlett also testified that he

then documented the contraband in an “evidence custody report.” The custody report filed by

Officer Hamlett detailed that the bag had been received at 10:00 a.m. on January 27, 2020, that it

contained evidence pertaining to an “investigation,” that the evidence was described as an

“orange colored substance with clear crystal also in [sic] bottle,” and that this evidence was

found “in a cream bottle.” However, in the chain of custody section of the evidence custody

report, the only transfer listed was from Officer Pope to Officer Hamlett via the “evidence drop

box.” After documenting the transfer in the report, Officer Hamlett placed the evidence bag

back into the evidence locker.

On February 20, 2020, Officer Hamlett completed a Virginia Department of Forensic

Science (“DFS”) “Request for Laboratory Examination” form describing the evidence as one

2 This report is not contained within the record before this Court. 3 Officer Hamlett was one of the investigators who had access to the evidence box. -3- “large square piece of suspected Suboxone.” After completing the request form, Officer Hamlett

delivered the evidence bag for laboratory testing to the DFS laboratory located in Roanoke,

Virginia.

On May 4, 2020, Dr. Ashton Lesiak (“Dr. Lesiak”), a forensic toxicologist at the

Roanoke DFS lab, testified that she received the evidence transported by Officer Hamlett after it

had been processed through the lab’s “evidence[-]receiving section.” Upon receipt, Dr. Lesiak

noted that the evidence was inside a sealed plastic bag and had been assigned laboratory number

W20-2385. Throughout the laboratory examination, Dr. Lesiak testified that the evidence

remained inside a secured locker located at her workbench. She also stated that when the testing

was completed, she returned the evidence to the lab’s evidence-receiving section.

Dr. Lesiak also noted that Officer Hamlett’s description of the contents of the evidence

bag was that it contained one large square piece of suspected Suboxone. However, she testified

that upon opening the evidence bag, she found two “orange films,” an off-white crystalline

substance, four black, white, and yellow films, and the medical cream jar. After noting the

discrepancy between Officer Hamlett’s description of the contents and the actual evidence found

in the evidence bag, pursuant to DFS policy, Dr. Lesiak requested that another examiner inspect

and verify the contents of the evidence bag. She also emailed Officer Hamlett to alert him to this

discrepancy and “stopped testing until [she] heard back from him.”

Officer Hamlett responded by directing that Dr. Lesiak “could continue testing on all of

the items except for the plastic container with the white cream substance.” Dr. Lesiak then

resumed testing of the items which revealed that buprenorphine and naloxone, which form a

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