Ishtiwi v. Commonwealth1/11/2005
Appellant Moneer Ishtiwi appeals his conviction, following a jury trial, for obstruction of justice, in violation of Code § 18.2-460(C). Ishtiwi contends that the trial court erred in denying his motion to strike, arguing that the Commonwealth's evidence was insufficient to convict him of obstructing justice. For the reasons that follow, we disagree, and therefore affirm the judgment of the trial court.
On September 26, 2002, Ishtiwi was involved in a traffic accident in Fairfax County. Officer Chad J. Ellis, a Fairfax County police officer, was called to the scene to investigate the accident. Because Ishtiwi did not have proof of insurance for the car that he had been driving, Officer Ellis asked Ishtiwi to "sign a proof of insurance form . . . to send to the DMV." Ishtiwi responded, "I'm not signing shit. I want to talk to my lawyer first." Ishtiwi then made a phone call, and Officer Ellis overheard Ishtiwi commenting, "There's a nigger here saying that I have to sign this form, this proof of insurance." After Ishtiwi hung up the phone, he told Officer Ellis, "I don't trust you. You're a piece of shit." After a slight pause in the conversation, Ishtiwi told Officer Ellis, "You're a fucking faggot," and that "You love me, you dream about me." About three seconds later, he again said, "You're a fucking faggot. You are -- you're nervous around me. Look at you standing there like a little girl."
Ishtiwi then asked whether Officer Ellis was still investigating "that fake ID case." Ellis responded, " es, was." Ishtiwi then asked, "Am I on your list?" Officer Ellis responded, "I don't know. I haven't got computer forensics back." Ishtiwi then told Officer Ellis, "If you come to my house, you're going to get a dog bite." Based on this interchange, Ishtiwi was indicted for obstruction of justice, in violation of Code § 18.2-460(C).
At trial, Ellis explained that he was, at that time, conducting an investigation involving "individuals that were making fake ID's, Virginia driver's licenses, within Fairfax County." Although Ishtiwi was a suspect in that investigation, Officer Ellis "didn't want to reveal to [Ishtiwi] that he was on list [of suspects] because [Officer Ellis] was trying to keep that secret from each person whose houses [the police] were going to [investigate]." Officer Ellis also testified that, at the time of the incident, he was aware that Ishtiwi kept two pit bulls at his home. Officer Ellis subsequently "made the decision not to go back to [Ishtiwi's] house because it was not worth an officer being injured, myself, or his dog or himself."
When the sufficiency of the evidence in a criminal case is challenged on appeal, we view the evidence and all reasonable inferences fairly deducible from that evidence in the light most favorable to the Commonwealth, the party prevailing below. Walton v. Commonwealth, 255 Va. 422, 425-26, 497 S.E.2d 869, 871 (1988). "Great deference must be given to the factfinder who, having seen and heard the witnesses, assesses their credibility and weighs their testimony." Id. at 426, 497 S.E.2d at 871. Thus, a trial court's judgment will not be disturbed on appeal "unless it is plainly wrong or without evidence to support it." Id.
Code § 18.2-460(C) provides:
If any person by threats of bodily harm or force knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, witness, or any law-enforcement officer, lawfully engaged in the discharge of his duty . . . he shall be guilty of a Class 5 felony.
Generally, obstruction of justice "does not require the defendant to commit an actual or technical assault upon the officer." Craddock v. Commonwealth, 40 Va. App. 539
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