Legal Question in Criminal Law in Virginia
The wife of an "estranged" husband lured her current, live-in boyfriend to a location where the estranged husband hid from view, then suddenly approached the couple, gun in hand. The confrontation resulted in the boyfriend being shot in the foot.
Moments before the husband approached the couple, a friend of the boyfriend saw the husband, cried out to warn him, but the husband punched him in the face, knocked him down.
It was a predetermined plan by both wife and husband to harm the boyfriend. No one is revealing the purpose for hurting him. The husband is in custody, the wife has warrants out for her arrest.
What charges should be brought against husband and wife against boyfriend and what charges against husband for attacking the friend to prevent him in revealing his presence?
There were 2 previous incidents, one on 10-30-2017, physical harm by husband pistol whipping boyfriend in the head and neck areas just a few days before the shooting crime. 911 called, police and paramedic emergency responded, but no charges were filed by police and no one can find out why the husband wasn't arrested bec it most definitely would've prevented the shooting due to him confined in jail.
On 10-31-2017, husband, by wife's invitation entered the home she shared with boyfriend, in which he openly displayed his gun and threatened to shoot anyone attempting to call 911, wouldn't let anyone leave the house, which he had also threatened the night before during his physical violence against the boyfriend. Also present at both times were the boyfriend's sister and her friend. All individuals between 28-37 yrs old.
(The shooting occurred Nov. 4, 2017, Norfolk Virginia between 10-11:59pm, outside MacArthur Mall on East Freemason St. and reported on local news stations.)
1 Answer from Attorneys
Whatever criminal charges arising out of the situation described that might be approrpriate against
both husband and wife would be up to the commonwealth's attorney office to bring in the local jurisdiction
where these crime(s) allegedly occurred.
As for this husband, he would also appear to have liability for civil damages that could
be claimed on the part of this victim (boyfriend) for the gunshot to his foot which might also
extend to the wife, depending upon all the relevant facts which may establish/relate
to her personal involvement in these matters.
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