Alexander v. Commonwealth

LEMONS, Judge.

Jon Douglas Alexander was convicted by a jury of brandishing a firearm, a violation of Code § 18.2-282. On appeal, he contends the trial court erred in refusing to instruct the jury on his right to defend his personal property. We agree and reverse the conviction.

BACKGROUND

On April 25, 1997, Michael T. Eustler, employed as a repossessor of motor vehicles, arrived at the home of Jon Douglas Alexander, appellant, in Rockbridge County, Virginia, to repossess his car. Alexander asked if he could remove his “personal property from inside the car, and Eustler agreed.

Alexander…