Fergeson v. Commonwealth

Summary

The Supreme Court of Virginia affirmed the Court of Appeals’ judgment upholding Jason Joseph Fergeson’s misdemeanor conviction for abuse or neglect of a vulnerable adult under Code § 18.2-369. The Court held that the evidence was sufficient for a rational factfinder to conclude that the victim’s near-fatal drug overdose impaired her to the degree required for classification as a vulnerable adult, while declining to decide whether temporary intoxication alone satisfies the statute.

Holdings

1. The evidence was sufficient for a rational trier of fact to conclude that the magnitude of Thompson's near-fatal overdose impaired her to the extent required by Code § 18.2-369(C), making her a vulnerable adult under the statute.
2. The Court did not decide whether temporary intoxication per se renders an adult vulnerable under Code § 18.2-369(C); it held only that the evidence in this case was sufficient because the condition was a near-fatal overdose of sufficient magnitude.
3. The rule of lenity did not apply because Code § 18.2-369(C) unambiguously encompassed the nature of Thompson's impairment in this case.

Questions Presented

1. Whether the evidence was sufficient for a rational trier of fact to find that Thompson was a vulnerable adult under Code § 18.2-369(C) when her impairment resulted from a near-fatal drug overdose rather than a chronic illness or disability.
2. Whether Code § 18.2-369(C) contains a temporal limitation requiring the qualifying impairment to be chronic or enduring.
3. Whether the rule of lenity or other canons of construction required a narrower interpretation of Code § 18.2-369(C).

Disposition

affirmed