The group then talked about various subjects, including a child's birthday party, but at some point in the conversation Porter began arguing with one of the women.Ĭopeland "didn't know what to do" but left the apartment and "ran down and told Look, there is a man up in the house with some girls, and he shouldn't be in there.'" Copeland described the apartment building to Officer Reaves, and Officer Reaves drove his patrol car to the building with Copeland "running behind" the vehicle. Once inside, they met Valorie and the other women who informed Copeland and Porter that they did not have any marijuana. They decided to get into a Jeep Grand Cherokee that Porter was driving and go to Valorie's apartment to purchase marijuana.Ĭopeland testified that he and Porter entered Valorie's apartment because she was Copeland's friend and because he had smoked marijuana with her before. Copeland testified that he was standing in a parking lot on the afternoon of Officer Reaves' death when Porter approached him.
Several eyewitnesses, along with Porter, testified at trial and provided various descriptions of the events leading up to and immediately following Officer Reaves' death. Porter took Officer Reaves' service pistol and then fled in his Jeep. Porter then drew his concealed weapon from his pocket and fired three times, killing Officer Reaves. Officer Reaves confronted Porter, grabbed Porter's left arm, and instructed him to take his hands out of his pockets. As Officer Reaves approached the apartment, Porter left Valorie's apartment and began walking away. Officer Reaves drove his police cruiser to the front curb of the apartment building, parked the car, and walked across the grass towards the sidewalk leading from the street to the apartment door. Copeland reported Porter's behavior to Officer Reaves and directed him to Valorie's apartment. After being locked out of Valorie's apartment, Copeland walked away from the apartment complex and happened upon three uniformed police officers a block away, including Norfolk Police Officer Stanley Reaves. *420 Copeland left the residence, but Porter remained behind, locking the door so Copeland could not reenter. Once inside, Porter began arguing with the women, brandishing his gun, and threatening that he might shoot one of them if provoked. The two men entered the apartment of Valorie Arrington, where several people were present, including Valorie and her daughters, Latoria and Latifa Valorie's cousins, Monica Dickens and April Phillips Valorie's sister, Monique Arrington, also known as Monika and Monique's daughter, Lamia. Porter was carrying a concealed, nine-millimeter Jennings semi-automatic pistol. on October 28, 2005, Porter and Reginald Copeland traveled in Porter's Jeep to the Park Place apartment complex located at 2715 DeBree Avenue in the City of Norfolk to inquire about purchasing marijuana. Under well-settled principles of appellate review, we consider the evidence presented at trial in the light most favorable to the Commonwealth, the prevailing party in the circuit court. BACKGROUND AND MATERIAL PROCEEDINGS BELOW
After mature consideration of Porter's assignments of error, the record, and the arguments of counsel, we find no error in the judgment of the circuit court and will affirm that judgment, including the sentence of death.
We review the circuit court's judgment and death sentence pursuant to Code § 17.1-313(A). The circuit court sentenced Porter in accordance with the jury's verdicts and entered final judgment. In the penalty phase of the trial, the jury found the aggravating factor of future dangerousness and fixed Porter's sentence at death for the capital murder charge and a combined twenty-two years for the two other charges. In the first stage of a bifurcated trial conducted under Code § 19.2-264.3, a jury convicted Porter of capital murder, use of a firearm in the commission of a felony, and grand larceny. In this appeal, we review the capital murder conviction and sentence of death imposed upon Thomas Alexander Porter in the Circuit Court of the City of Norfolk. Slonaker, Senior Assistant Attorney General, on briefs), for appellee. Dullaghan, Senior Assistant Attorney General (Robert F. Migliozzi, Jr., Capital Defender David Bruck Foley & Lardner, on briefs), for appellant.
661 S.E.2d 415 (2008) Thomas Alexander PORTERĬOMMONWEALTH of Virginia.