COURT OF APPEALS OF VIRGINIA 

Present: Judges Baker, Willis and Overton 

Argued at Norfolk, Virginia 

BARRY E. SOLLARS 

 MEMORANDUM OPINION* BY 

v. Record No. 2246-95-1 JUDGE JERE M. H. WILLIS, JR. 

 OCTOBER 1, 1996 

COMMONWEALTH OF VIRGINIA 

 FROM THE CIRCUIT COURT OF THE CITY OF NEWPORT NEWS 

Verbena M. Askew, Judge 

 Ruthie Litvin (Kevin M. Diamonstein; 

Diamonstein, Becker & Staley, on brief), for 

appellant. 

 Leah A. Darron, Assistant Attorney General 

(James S. Gilmore, III, Attorney General, on 

brief), for appellee. 

 Barry E. Sollars was convicted in a bench trial of voluntary 

manslaughter, possession of cocaine with intent to distribute, 

and possession of a firearm while in possession of cocaine. On 

appeal, he contends that the evidence is insufficient to support 

his conviction of voluntary manslaughter. We disagree and affirm 

the judgment of the trial court. 

 On appeal, we view the evidence in the light most favorable 

to the Commonwealth, granting to it all reasonable inferences 

fairly deducible therefrom. Higginbotham v. Commonwealth, 216 

Va. 349, 352, 218 S.E.2d 534, 537 (1975). "The judgment of a 

trial court sitting without a jury is entitled to the same weight 

as a jury verdict and will not be set aside unless it appears 

 

 *Pursuant to Code § 17-116.010 this opinion is not 

designated for publication. 
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from the evidence that the judgment is plainly wrong or without 

evidence to support it." Josephs v. Commonwealth, 10 Va. App. 

87, 99, 390 S.E.2d 491, 497 (1990) (en banc) (citation omitted). 

 On January 21, 1995, Randy Fodrie drove Richard Barkley from 

his home in Mathews County to Newport News in an attempt to buy 

cocaine from Sollars in exchange for a .22 rifle. They did not 

have enough cash to buy the cocaine, but Barkley estimated the 

value of the rifle to be $70. Barkley transported the rifle by 

wrapping the barrel in a green shirt and placing it on the 

floorboard of Fodrie's truck pointing towards the passenger door. 

 The rifle was not loaded. En route, Barkley phoned Sollars to 

ask whether he would accept the rifle in exchange for the 

cocaine. Sollars replied, "No." 

 In Newport News, Fodrie and Barkley drove to the apartment 

complex where Sollars lived. They saw him outside and motioned 

him over to the truck. Sollars got in the truck and Barkley 

asked him for a "sixteenth" of cocaine which sold for $70. 

Sollars told Fodrie to drive across the street to the McDonald's 

parking lot. Sollars handed Barkley the cocaine and requested 

payment. Barkley handed the cocaine to Fodrie and then began 

pushing on Sollars' shoulders saying, "Hey, I got something for 

you, M___ F___." As Barkley reached down to the floorboard to 

pick up the rifle, Sollars opened the door to the truck and 

jumped out. Sollars then shot Barkley in the neck. 

 Fodrie "hit the gas and took off" because he was afraid 
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Sollars would shoot him. By the time Fodrie arrived at a nearby 

hospital, Barkley was dead from the gunshot wound. Fodrie 

disposed of the rifle behind the hospital, where it was later 

recovered by the police still wrapped in the green shirt. 

 After his arrest, Sollars admitted shooting Barkley but 

claimed he did so in self-defense. He acknowledged that the 

gun recovered from his person was the gun used to shoot Barkley. 

 The trial court rejected Sollars' claim that he acted in 

self-defense. It found that Sollars had the opportunity to 

retreat when he opened the truck door. It also rejected Sollars' 

testimony that his gun just went off. It specifically found that 

there was no evidence that Barkley had the "imminent intent to 

kill [Sollars]." 

 Sollars contends that the evidence fails to sustain his 

conviction of voluntary manslaughter. Voluntary manslaughter is 

an intentional killing committed in the heat of passion upon 

reasonable provocation. See Belton v. Commonwealth, 200 Va. 5, 

9, 104 S.E.2d 1, 4 (1958). Heat of passion may be founded upon 

fear, rage, or a combination of both. McClung v. Commonwealth, 

215 Va. 654, 657, 212 S.E.2d 290, 292 (1975). Sollars argues 

that the trial court erred in finding that the killing did not 

occur in self-defense. He contends that he was in fear for his 

own life when he shot Barkley. 

 Self-defense is an affirmative defense, which the accused 

must prove by introducing evidence sufficient to raise a 
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reasonable doubt about his guilt. McGhee v. Commonwealth, 219 

Va. 560, 562, 248 S.E.2d 808, 810 (1978). Whether an accused 

proves circumstances sufficient to create a reasonable doubt that 

he acted in self-defense is a question of fact. Yarborough v. 

Commonwealth, 217 Va. 971, 979, 234 S.E.2d 286, 292 (1977). 

 Credible evidence supports the trial court's finding that 

the killing of Barkley was voluntary manslaughter and not 

justifiable homicide. Sollars was involved in a drug deal with 

Barkley and when he had the opportunity to retreat safely, he 

chose instead to shoot Barkley. The evidence proved that after 

Sollars handed the cocaine to Barkley, he exited the truck while 

Barkley was leaning over to pick up the rifle from the 

floorboard. He then stood outside the truck and shot Barkley. 

This is consistent with the autopsy report which disclosed that 

the direction of fire was right to left and slightly downward. 

However, it is contradictory to Sollars' testimony that Barkley 

had the rifle pointed at his face in the truck and that his gun 

just went off accidentally after he exited the truck. The trial 

court was not required to believe the defendant and was entitled 

to infer that he lied to conceal his guilt. See Black v. 

Commonwealth, 222 Va. 838, 840, 284 S.E.2d 608, 609 (1981). 

 The judgment of the trial court is affirmed. 

 Affirmed.