Baldwin v. Commonwealth
Supreme Court of Virginia
645 S.E.2d 433 (2007)
After a police officer pulled over Demetrius Baldwin (defendant) for speeding and stood beside the driver's door, Baldwin drove off without acknowledging the officer, who pushed away from the car to avoid being struck. Baldwin was arrested and charged with attempted murder and eluding police; he testified he panicked and never intended to hit the officer, and the officer himself testified Baldwin never put the car in reverse or otherwise tried to strike him. Baldwin was convicted, the court of appeals affirmed, and the Virginia Supreme Court granted review.
Whether a conviction for attempted murder can be sustained where the defendant fled a traffic stop by driving away, but there is no evidence he specifically intended to kill or aimed his vehicle at the officer.