Shontrina Charon Fountain v. Commonwealth of Virginia

McCULLOUGH, Judge.

Shontrina Charon Fountain challenges her conviction of misuse of the 9-1-1 system, in violation of Code § 18.2-429(B). She argues that the evidence fails to establish that she possessed the requisite intent “to annoy, harass, hinder or delay emergency personnel in the performance of their duties” at the time she “caus[ed] the telephone to ring.” We agree and reverse her conviction.

BACKGROUND

On March 25, 2013, at approximately 8:50 p.m., appellant was driving with her two daughters, aged eight and eleven, in the back seat. Officer J.D. Gates of the Virginia Beach Police…