Aaron Cordell McCray v Commonwealth

COURT OF APPEALS OF VIRGINIA
Present: 	Judges Benton, Elder and Annunziata
Argued at Richmond, Virginia
AARON CORDELL McCRAY OPINION BY
v. 	Record No. 2034-94-2 	JUDGE JAMES W. BENTON, JR.
OCTOBER 10, 1995
COMMONWEALTH OF VIRGINIA
FROM THE CIRCUIT COURT OF THE CITY OF COLONIAL HEIGHTS
John F. Daffron, Jr., Judge
Ernest M. Holleman, Jr., for appellant.
Steven Andrew Witmer, Assistant Attorney General
(James S. Gilmore, III, Attorney General, on
brief), for appellee.
Aaron Cordell McCray was convicted of failing to ensure that
a report was made of a motor vehicle accident, in violation of
Code § 46.2-895. 	He contends that the evidence was insufficient
to support the conviction. 	We agree and reverse the conviction.
The evidence proved that at approximately 10 p.m. on
November 6, 1993, Detrick Epps was involved in an accident while
driving an automobile. 	At the hospital, Detective Faries
interviewed two of the passengers in Epps' automobile and learned
that twenty-one year old McCray had been a passenger in the
automobile. 	Neither Epps nor McCray was at the scene of the
accident when the police arrived to investigate.
Within five hours of the accident, Epps and his mother
arrived at the police station. 	Epps then made a report of the
accident. 	When Epps spoke to Detective Faries, he identified
three passengers, including McCray, who had been in his
automobile.

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Lovain McCray, McCray's father, testified that McCray told
him about the accident the night it occurred and asked for his
assistance. 	Epps' mother also contacted McCray's father and told
him to contact Detective Faries. 	McCray's father learned that
Epps' mother had accompanied Epps to the station and that Epps
had made a report of the accident. 	After speaking with his son
and Epps' mother, McCray's father telephoned Detective Faries on
the morning of November 7 and the next evening. 	McCray's father
testified that the detective was not in and that he had not left
any messages.
Code § 46.2-895 imposes the following duty to report
accidents:If the driver fails to stop and make the
report required by [Code] § 46.2-894, every
person sixteen years of age or older in the
vehicle with the driver at the time of the
accident, who has knowledge of the accident,
shall have a duty to ensure that a report is
made within twenty-four hours from the time
of the accident to the State Police or, if
the accident occurs in a city or town, to the
local law-enforcement agency. 	The report
shall include his name, address, and such
other information within his knowledge as the
driver is required to report pursuant to
[Code] § 46.2-894.
The evidence does not establish that the driver left the
accident before McCray or that McCray knew that the driver left.
The evidence also failed to establish the circumstances existing
when McCray or the driver left the scene of the accident.
However, the evidence proved that the driver contacted the police
within five hours of the accident and made a full report.

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The evidence also established that McCray requested
assistance from his father. 	In rendering assistance, McCray's
father learned that Epps went to the police within five hours and
made a full report. 	Although McCray's father learned that the
driver had made a full report to the investigating detective, he
twice attempted to contact the detective.
On this evidence, the Commonwealth failed to prove beyond a
reasonable doubt that McCray did not "ensure" that a report was
made. 	No evidence proved that the driver's report, which was
made within twenty-four hours of the accident, was deficient.
The statute does not require that the person make a report
personally. 	Accordingly, the conviction is reversed.
Reversed.