Table II - Aggravation and Mitigation Evidence

• Library: Trial of Capital Murder Cases in Virginia (Virginia CLE) (2019 Ed.)

TABLE II
AGGRAVATION AND MITIGATION EVIDENCE

This table sets out the major features of the aggravation and mitigation evidence in each Virginia capital case. Aggravation is divided into two topic—vileness and future dangerousness. Because mitigation evidence is not limited by category or statutory listing, there are no subtopics. Within each listing, the cases are arranged in reverse chronological order.

I. AGGRAVATION

A. Vileness.

1. Torture of rape victim. Lawlor, 285 Va. 187, 258, 738 S.E.2d 847, 887 (2013).

2. Multiple murders within a three-year period. Morva, 278 Va. 329, 335 n.1, 683 S.E.2d 553, 556 n.1 (2009).

3. During commission of rape. Prieto, 278 Va. 366, 682 S.E.2d 910 (2009).

4. Multiple stabbing of several victims; history of violent acts. Gray, 274 Va. 290, 299-302, 645 S.E.2d 448, 454-56 (2007).

5. Nature of injuries sustained by victim, and the pain she would have experienced before death. Teleguz, 273 Va. 458, 483-84, 643 S.E.2d 708, 724 (2007).

6. Killed four people, including a two-year-old and four-year-old child. Juniper, 271 Va. 362, 376-78, 626 S.E.2d 383, 393-94 (2006).

7. Multiple shootings by the adult "sniper." Muhammad, 269 Va. 451, 619 S.E.2d 16 (2005).

8. Shot one victim at least seven times and shot the other victim three times, execution-style, in front of her two daughters. Winston, 268 Va. 564, 618-19, 604 S.E.2d 21, 52 (2004).

9. Multiple murders during one transaction. Elliott, 267 Va. 464, 593 S.E.2d 263 (2004).

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10. Defendant was mastermind of plan to kill her husband and stepson solely for greed and monetary gain. Lewis, 267 Va. 302, 315, 593 S.E.2d 220, 228 (2004).

11. Three deliberate, execution-style murders that were "cold-blooded, pitiless, and senseless slayings." Hudson, 267 Va. 29, 34, 590 S.E.2d 362, 364-65 (2004).

12. Multiple gunshot wounds. Green, 266 Va. 81, 580 S.E.2d 834 (2003).

13. Multiple stab wounds. Morrisette, 264 Va. 386, 569 S.E.2d 47 (2002).

14. Aggravated battery and depravity of mind. Emmett, 264 Va. 364, 569 S.E.2d 39 (2002).

15. During rape, the victim was shot three times in the head and once in the chest. Thomas, 263 Va. 216, 222-24, 559 S.E.2d 652, 654-56 (2002).

16. Aggravated battery involving multiple stab wounds to the victim, the defendant's own daughter. Zirkle, 262 Va. 320, 323-27, 551 S.E.2d 601, 602-05 (2001).

17. Aggravated battery and sodomy of 73-year-old mother-in-law. Burns, 261 Va. 307, 345, 541 S.E.2d 872, 896 (2001).

18. Aggravated battery involving seventeen stab wounds. Patterson, 262 Va. 301, 303, 551 S.E.2d 332, 334 (2001).

19. Aggravated battery involving a total of sixty-eight stab wounds. Lenz, 261 Va. 451, 457, 544 S.E.2d 299, 302 (2001).

20. Defendant was a self-avowed "racist and white supremacist," who killed a girl for dating a black man, then raped and attempted to kill her 14-year-old sister. Powell, 261 Va. 512, 518-19, 552 S.E.2d 344, 347-48 (2001).

21. Aggravated battery, torture of the victim, depravity of mind when victim repeatedly struck with a baseball bat. Akers, 260 Va. 358, 360, 535 S.E.2d 674, 675 (2000).

22. Defendant killed his two-year-old son. Bailey, 259 Va. 723, 751, 529 S.E.2d 570, 586 (2000).

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23. Rape victim was stabbed fifteen times with a steak knife. Johnson, 259 Va. 654, 666, 529 S.E.2d 769, 776 (2000).

24. Defendant brutally beat and abducted the victim, choked, and sexually assaulted her in a savage manner. Vinson, 258 Va. 459, 471-72, 522 S.E.2d 170, 178 (1999).

25. Eight separate gunshot wounds to the thorax, chest, abdomen, arms, and legs. Atkins, 257 Va. 160, 168, 510 S.E.2d 445, 450 (1999).

26. Repeatedly struck the rape victim with a hammer. Eric Payne, 257 Va. 216, 220-22, 509 S.E.2d 293, 296-97 (1999).

27. Aggravated battery involving an attempted beheading. Yarbrough, 258 Va. 347, 353-54, 519 S.E.2d 602, 604 (1999).

28. Aggravated battery in that one victim was shot three times, the other victim, seven times. Depravity of mind in that defendant shot his victims in front of their loved ones and family members, after having forcibly invaded the sanctity of their homes. Walker, 258 Va. 54, 71, 515 S.E.2d 565, 575-76 (1999).

29. Slit victim across her face, then slit her throat and gouged her, and then tossed her into a river. Swisher, 256 Va. 471, 476-77, 506 S.E.2d 763, 766 (1998).

30. Defendant fired AK-47 assault weapon into vehicles, killing two victims and wounding three others. Kasi, 256 Va. 407, 508 S.E.2d 57 (1998).

31. Stabbed victim 22 times and inflicted other wounds on her head, face, hyoid bone, and arms. Reid, 256 Va. 561, 570, 506 S.E.2d 787, 792 (1998).

32. Planning and carrying out three murders established depravity of mind sufficient to warrant a finding of vileness. Beck, 253 Va. 373, 387, 484 S.E.2d 898, 906-07 (1997).

33. At least ten severe blows to the head with a hammer. Barnabei, 252 Va. 161, 165, 477 S.E.2d 270, 272 (1996).

34. Multiple gunshot wounds to husband and wife. Shep-pard, 250 Va. 379, 464 S.E.2d 131 (1995).

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35. Shot victim several times, tied victim's necktie to the bumper of a vehicle, and dragged the victim down a dirt road. Fry, 250 Va. 413, 416, 463 S.E.2d 433, 434-35 (1995).

36. Shot two victims in the head. Graham, 250 Va. 487, 464 S.E.2d 128 (1995).

37. Ten stab wounds of deceased; bound, gagged, and stabbed deceased and daughters. Wilson, 249 Va. 95, 98-100, 452 S.E.2d 669, 672-73 (1995).

38. Shot rape victim's father in her presence. Fitzgerald, 249 Va. 299, 302-03, 455 S.E.2d 506, 508 (1995).

39. Raped victim, shot her and her husband, and set fire to their house. Michael Williams, 248 Va. 528, 546, 450 S.E.2d 365, 377 (1994).

40. Defendant fired six hollow-point bullets at arresting officer. Defendant returned to murder scene and retrieved license that his uncle (the driver) had dropped. Weeks, 248 Va. 460, 477, 450 S.E.2d 379, 390 (1994).

41. Crushed the skull of mother and daughter and penetrated mother's vagina with an automotive tool. Burket, 248 Va. 596, 601, 450 S.E.2d 124, 127 (1994).

42. Cut the victim's throat and shot victim twice. Cardwell, 248 Va. 501, 506, 450 S.E.2d 146, 150 (1994).

43. Victim received five stab wounds in the neck, only two of which were necessary for death. Breard, 248 Va. 68, 73, 445 S.E.2d 670, 674 (1994).

44. Victim received 143 separate "sharp force injuries," 25 of which were fatal. Victim could have lived as long as 30 to 40 minutes after infliction of the last wound and may have been conscious during this time. Mickens, 247 Va. 395, 399, 442 S.E.2d 678, 682 (1994).

45. Victim was struck twice with an iron pipe, stabbed three times, and had his throat slashed. Murphy, 246 Va. 136, 143-44, 431 S.E.2d 48, 53 (1993).

46. Evidence of psychological torture and a slow and painful death. Chabrol, 245 Va. 327, 335, 427 S.E.2d 374, 378 (1993).

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47. Execution-style murder of defendant's wife and five-month-old child. Stewart, 245 Va. 222, 246, 427 S.E.2d 394, 409-10 (1993).

48. Defendant shot two people, allowing them to suffer and beg for their lives before finishing the murders. Jenkins, 244 Va. 445, 461, 423 S.E.2d 360, 370 (1992).

49. Rape, multiple stab wounds, and victim's earrings were ripped from her pierced ears. Satcher, 244 Va. 220, 226-27, 421 S.E.2d 821, 825 (1992).

50. Defendant psychologically tortured and mutilated his 10-year-old victim. Mueller, 244 Va. 386, 411-12, 422 S.E.2d 380, 396 (1992).

51. Victim realtor lured to vacant house, stabbed twice in chest, and stomped repeatedly on back of head. King, 243 Va. 353, 366-67, 416 S.E.2d 669, 676-77 (1992).

52. Multiple blows with crowbar to head, face, and bodies of three victims. Davidson, 244 Va. 129, 134-36, 419 S.E.2d 656, 659-60 (1992).

53. Seventeen-year-old defendant killed girlfriend's parents at her insistence. Two shotgun blasts to face of one victim, with period of time between first and second shot. Defendant and girlfriend asleep on sofa the morning after the killings. Thomas, 244 Va. 1, 24-25, 419 S.E.2d 606, 619-20 (1992).

54. Evidence that defendant sodomized child victim and used stun gun on his penis. George, 242 Va. 264, 411 S.E.2d 12 (1991).

55. Evidence that defendant surprised victim during break-in of building, chased unarmed victim down and shot him twice in back, despite victim's pleas, and struck victim in head with pistol when he tried to rise. Quesinberry, 241 Va. 364, 381, 402 S.E.2d 218, 228 (1991).

56. Defendant crushed victim's head with rock in four places after abducting, stripping, beating, and sexually assaulting her. Strickler, 241 Va. 482, 497, 404 S.E.2d 227, 236-37 (1991).

57. Defendant shot victim once between the eyes, then cut off his hands at wrists. "[T]he jury could have found that he was alive but unconscious when his hands were severed." Stockton, 241 Va. 192, 209, 402 S.E.2d 196, 214 (1991).

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58. A plot to lure police to position where deadly action could be taken against them. Also multiple gunshot wounds inflicted on victim, apparently concluding with fatal shot to back of head at close range after the victim was wounded and down. Roy Smith, 239 Va. 243, 270, 389 S.E.2d 871, 886 (1990).

59. "The autopsy report identified 16 cuts and puncture wounds on the victim's face, neck, chest and left arm and numerous blunt-force injuries to the face and forehead . . . sufficient to prove an 'aggravated battery,‚' i.e., 'a battery which, qualitatively and quantitatively, is more culpable than the minimum necessary to accomplish the act of murder.'" Mu‚'Min, 239 Va. 433, 450, 389 S.E.2d 886, 897 (1990).

60. Victim was raped, sodomized, bound hand and foot tightly enough to prevent escape, a gag placed over her mouth, and was stabbed twice while her screams were muffled with a pillow until she died. Hoke, 237 Va. 303, 316, 377 S.E.2d 595, 603 (1989).

61. Where victim turned her back to Stout and Stout could have accomplished purpose of robbery without harming her, cutting victim's throat from behind in a "savage and methodical manner"...