Frye v. Commonwealth

A jury found Gregory David Frye guilty of the capital murder of James LeRoy Biggs, a law enforcement officer, Code § 18.2-31(f), and use of a firearm in the commission of a felony, Code § 18.2-53.1. The jury fixed Frye’s punishment for use of a firearm at two years’ imprisonment. In the second phase of the bifurcated trial, the jury heard evidence of aggravating and mitigating circumstances and, finding a probability that Frye would commit criminal acts of violence that would constitute a continuing threat to society, fixed his punishment for capital murder at death. Code §§ 19.2-264.2 to…