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Kimberlein v. Commonwealth, Va. App. ( 2005).
Pursuant to Code § 18.2-461(i), it is a Class 1 misdemeanor “to knowingly give a false
report as to the commission of any crime to any law-enforcement official with intent to mislead.”
Admitting he made the call to the police regarding the gray Camaro, appellant contends he did not do so with the intent to mislead the police...
“Intent is a state of mind that may be proved by an accused’s acts
or by his statements and that may be shown by circumstantial
evidence.” The specific intent to commit [a crime] may be inferred
from the conduct of the accused if such intent flows naturally from
the conduct proven. Where the conduct of the accused under the
circumstances involved points with reasonable certainty to a
specific intent to commit [the crime], the intent element is
established. Wilson v. Commonwealth, 249 Va. 95, 101, 452 S.E.2d 669, 673-74 (1995) (citations omitted)....
...Appellant was verbally abusive to Furlong and tried to prevent her from driving to his residence. Once they reached appellant’s residence, appellant told Furlong he would “get her back.” Appellant immediately called the police. He reported two women had shot at his residence from a gray Camaro and that the women possessed cocaine. Stopped by the police within minutes of appellant’s call, Furlong and her passenger possessed neither firearms nor drugs.
Viewed in the light most favorable to the Commonwealth, the evidence proved appellant,
following through on his threat to retaliate against Furlong, made a false report of shots fired by two women in a gray Camaro. Appellant’s words and actions evince his intent to mislead the police and cause them to stop Furlong’s vehicle. Thus, the evidence was sufficient to prove beyond a reasonable doubt that appellant was guilty of the charged offense.