Commonwealth v. Cappell

By Judge John J. McGrath, Jr.

On November 19,2001, the Grand Jury of Rockingham County returned four indictments against the defendant. These indictments charged Julian Cappell with first degree murder of Rosendo Cruz (Indictment 1) (Section 18.2- 32); use of a firearm in the commission of a felony, namely: first degree murder (Indictment 2) (Section 18.2-53.1); possession of a firearm after having been convicted of a felony (Indictment 3) (Section 18.2-308.2); and willful discharge of a firearm within one thousand feet of elementary school property (Indictment 4) (Section 18.2-280). On…