Commonwealth v. Fox

By Judge Randy I. Bellows

Opinion

On October 6, 2008, Defendant, Javan Fox, was tried for assault and battery on a law enforcement officer. At the close of the Commonwealth’s case, Defendant moved to strike the Commonwealth’s evidence, arguing that the Commonwealth had failed to establish that the Metro Transit Police Officer Defendant allegedly assaulted was a law enforcement officer, pursuant to Virginia Code § 18.2-57(E). The Court took the matter under advisement and instructed the parties to file briefs on the issue. After reviewing the briefs submitted by the parties, the Court finds that…