Muhammad v. Commonwealt

611 S.E.2d 537 (2005)

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Nature of the Case

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Facts

During a 47-day period, from September 5 to October 22, 2002, 11 people were murdered and six more suffered gunshot wounds as a result of the acts of D and Malvo in concert. The evidence linking them to the crime spree was overwhelming. D was the mastermind, facilitator, and co-conspirator of Malvo, the trigger man. D and Malvo were captured and arrested on October 24, 2002, by agents of the FBI at a rest area in Frederick County, Maryland. They were asleep in the Caprice at the time of their capture. Inside the Caprice, police found a loaded .223 caliber Bushmaster rifle behind the rear seat. Tests determined that the DNA on the Bushmaster rifle matched the DNA of both Malvo and D. The only fingerprints found on the Bushmaster rifle were those of Malvo. The Caprice had been modified and the windows were heavily tinted. The rear seat was hinged, providing easy access to the trunk from the passenger compartment. The trunk was spray-painted blue. A hole had been cut into the trunk lid, just above the license plate. The hole was blocked by a right-handed brown glove that matched the left-handed glove found in the woods near the Johnson shooting. The trunk also had a rubber seal that crossed over the hole. The police found a global positioning system (GPS) receiver, a magazine about rifles, an AT&T telephone charge card, ear plugs, maps, plastic sandwich bags, a rifle scope, .223 caliber ammunition, 'walkie-talkies,' a digital voice recorder, a receipt from a Baton Rouge, Louisiana grocery store dated September 27, 2002, an electronic organizer, a plastic bag from a Big Lots Store, a slip of paper containing the Sniper Task Force phone number, and a list of schools in the Baltimore area. Police also found LaRuffa's portable computer in the Caprice. D had loaded software entitled 'Microsoft Streets and Trips 2002' onto this computer on September 29, 2002. In this program, there were various maps showing particular routes and places marked with icons, some with a skull and crossbones. Icons had been added to mark the places where Walekar, Lewis-Rivera, Seawell, Brown, Meyers, and Franklin were shot. There was also a Microsoft Word file titled 'Allah8. rtf' that contained portions of the text communicated to police in the extortion demands. It was easily determined that D supplied Malvo's rifle. D drove to each shooting location, spotted each victim, and directed Malvo’s shooting. D was prosecuted for first-degree murder among other crimes. The jury convicted D of all charges in the grand jury indictments. The jury sentenced D to two death sentences for the capital murder convictions, finding both the future dangerousness and vileness aggravating factors. The jury also sentenced D to 13 years in prison upon the remaining convictions. Under Virginia law, a convicted murderer was subject to the same penalties regardless of whether he was found guilty of first-degree or second-degree murder. Only a convicted first-degree murderer could be sentenced to death. D appealed.