Commonwealth v. Futrell

By Judge Charles E. Poston

Upon consideration of the pleadings, arguments presented, and applicable authority, the Court denies the Defendant’s motion to dismiss her felony homicide indictment under § 18.2-33 and her felony child neglect indictment under § 18.2-371.1. While the defendant has presented compelling arguments that draw the Commonwealth’s case into serious question, the Commonwealth is, nonetheless, entitled to an opportunity to present evidence that is required in this particular case to prove the defendant’s guilt under theories of felony child neglect and felony homicide.

In…