Moody v. Commonwealth

In Moody v. Commonwealth, 28 Va. App. 702, 706-07, 508 S.E.2d 354, 356 (1998), a prosecution for attempted malicious wounding with an automobile, the accused was fleeing in a truck from a high school parking lot, after "breaking into . . . a car." 28 Va. App. at 705-06, 508 S.E.2d at 356. A teacher had heard the sound of shattering glass, hurried to the lot, observed Moody's vehicle moving toward the only exit, and "stepped into its . . . path." Id. at 705, 508 S.E.2d at 356. "Rather than slowing or stopping, Moody accelerated towards the teacher, motioning for him to move out of the way." Id. When the oncoming vehicle was within ten to fifteen feet, the teacher "jumped" to safety. Id. In finding the evidence sufficient to prove the requisite intent, we noted that Moody . . . saw the teacher blocking the only avenue of . . . escape, and deliberately . . . accelerated his car toward the pedestrian, never decelerating, braking, or swerving to avoid him, even when . . . only five to ten feet away . . . . The teacher was spared certain injury . . . by jumping out of the vehicle's path at the last moment. Although appellant warned the teacher to move out of his way with a wave, this act does not negate the . . . reasonable inference that appellant had formed the specific intent to run over the teacher should he not move out of his way. Id. at 707, 508 S.E.2d at 356.