Jones v. Commonwealth

636 S.E.2d 403 (Va. 2006)

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Nature of the Case

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Facts

Police conducted extensive surveillance of D's apartment and observed heavy foot traffic going in and out. An informant made purchases of narcotics at the apartment. There were both lookouts and weapons in the apartment with several parties selling drugs. Police executed a search warrant. They also discovered 8 children ranging in age from infancy to seven or eight years old. Within reach of one eight-year-old, they found a medicine bottle containing fourteen capsules of heroin. D sold approximately twenty capsules of heroin daily from the apartment. When asked why she left her son alone in the bedroom with capsules of heroin within his reach, Jones replied: 'I watch at least ten kids, and I can't keep track of everything.' The drugs were in a childproof container. The officers entered the apartment heavily armed with a no-knock search warrant. D contends that the possession and sale of heroin and cocaine, at her residence and in close proximity to her eight-year-old son, without more, did not violate Code § 18.2-371.1(B)(1). The trial court and the court of appeals disagreed. They both held that the sale of drugs from the apartment and the presence of a controlled substance in close proximity to the child, that constitutes the willful act required by the statute. D appealed. D contends her conduct was insufficient to demonstrate a gross, wanton, and willful disregard for human life.