COURT OF APPEALS OF VIRGINIA 

Present: Chief Judge Moon, Judge Coleman and Senior Judge Cole 

Argued at Richmond, Virginia 

CHARLES J. PERRY 

 MEMORANDUM OPINION*

v. Record No. 0237-95-2 BY JUDGE MARVIN F. COLE 

 JULY 9, 1996 

COMMONWEALTH OF VIRGINIA 

FROM THE CIRCUIT COURT OF CHESTERFIELD COUNTY 

William R. Shelton, Judge 

 John J. Trexler (Beddow, Marley, Burgess & 

Associates, on brief), for appellant. 

 Eugene Murphy, Assistant Attorney General 

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

brief), for appellee. 

 On appeal from his convictions of robbery, abduction and 

assault, Charles J. Perry contends that the evidence was 

insufficient to sustain the convictions. We disagree and affirm 

the trial court. 

 In November, 1993, Larry Bonner, the victim, was arrested 

and incarcerated in Petersburg. He was released on bond, with 

Perry acting as his bondsman. Earl Fields co-signed as a 

guarantor on Bonner's bond. Bonner agreed to pay Perry's fee in 

bi-weekly installments, which he failed to do on a regular basis. 

 On April 30, 1994, Bonner still owed Perry money on the 

bond. Fields saw Bonner at a nightclub in Petersburg and asked 

 

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

designated for publication. 
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Bonner whether he had any money. Bonner responded that he did 

not. After calling Perry, Fields handcuffed Bonner and 

transported him to Perry's house. 

 Bonner testified that when he arrived at Perry's house, 

Perry struck him in the face several times and asked whether he 

had any money. Then, Perry and Fields both struck and kicked 

Bonner. Bonner testified, "Fields took my gold tooth out with 

the pliers. Perry busted my eardrum, with his hands . . . ." 

The gold "tooth" was a gold crown that was removed from Bonner's 

front tooth. 

 Bonner stated he was then handcuffed to Perry's garage door 

from about 1:30 a.m. until 8:00 a.m., when Fields took Bonner to 

the Petersburg jail. 

 Bonner testified that, as a result of the incident, his eyes 

were swollen, the skin was broken on his wrists from the 

handcuffs, his ribs were sore, and his nose was bleeding. He 

also said they "messed [his] teeth up." Henry Stewart, a 

doctor's assistant at the jail, testified that, when Bonner 

arrived at the jail, he had abrasions and swelling below both 

eyes. He had a red mark around both wrists, and one hand was 

swollen. Stewart said Bonner complained of tenderness on his 

right side, soreness in his neck, and a swollen left cheek. 

 Perry testified that he instructed Fields to bring Bonner to 

his house on April 30, 1994, and that, when they arrived, 

Bonner's eyes were puffy and red. Perry said he could not return 
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Bonner to jail without a bailpiece, and the bailpiece forms were 
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at his office and at his house. He denied he abused Bonner and 

said he did not see Fields abuse Bonner. Perry denied Bonner was 

handcuffed to a doorknob, stating that he has no garage or tool 

shed. Perry testified that the sergeant at the Petersburg jail 

told him not to bring Bonner in until after 7:30 a.m. because the 

jail was busy. 

 I. Robbery

 "On appeal, we review the evidence in the light most 

favorable to the Commonwealth, granting to it all reasonable 

inferences fairly deducible therefrom." Martin v. Commonwealth, 

4 Va. App. 438, 443, 358 S.E.2d 415, 418 (1987). The elements of 

robbery are "[1] the taking, with the intent to steal, [2] of the 

personal property of another, [3] from his person or in his 

presence, [4] against his will, by violence or intimidation." 

Jordan v. Commonwealth, 2 Va. App. 590, 595, 347 S.E.2d 152, 155 

(1986). 

 A principal in the second degree is a 

person who is present, aiding and abetting, 

by helping some way in the commission of the 

crime. Presence or consent alone is not 

sufficient to constitute aiding and abetting. 

 It must be shown that the defendant intended 

his words, gestures, signals or actions to in 

some way encourage, advise, or urge, or in 

some way help the person committing the crime 

to commit it. 

Ramsey v. Commonwealth, 2 Va. App. 265, 269, 343 S.E.2d 465, 468 

(1986). 

 Perry instructed Fields to bring Bonner to Perry's house on 

April 30, 1994. Bonner arrived at Perry's house in handcuffs. 
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Bonner testified that, upon his arrival, Perry struck him in the 

face several times and asked if he had any money. Bonner stated 

 that both Perry and Fields beat and kicked him, and that Perry 

"busted his eardrum with his hands." Bonner also testified that 

"Fields took my gold tooth out with the pliers." 

 Although Perry testified that he did not harm or abuse 

appellant, the fact finder believed the testimony of Bonner. 

"The weight which should be given to evidence and whether the 

testimony of a witness is credible are questions which the fact 

finder must decide." Bridgeman v. Commonwealth, 3 Va. App. 523, 

528, 351 S.E.2d 598, 601 (1986). Bonner's testimony was 

competent and was not inherently incredible. From his testimony, 

the fact finder could have inferred beyond a reasonable doubt 

that Fields extracted the gold crown in the quest to obtain 

something of monetary value from Bonner. The fact finder could 

also have inferred beyond a reasonable doubt that Perry intended 

his actions of beating and kicking Bonner to aid and encourage 

Fields in removing the gold crown because it was removed during 

the joint attack on Bonner. 

 Moreover, the fact finder could have concluded that Fields 

and Perry were acting in concert to obtain something of value 

from Bonner. As such, Perry is deemed to have shared Fields' 

intent and is criminally responsible for Fields' acts as a 

principal in the second degree. See Riddick v. Commonwealth, 226 

Va. 244, 248, 308 S.E.2d 117, 119 (1983). Accordingly, Perry is 
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equally responsible for Fields' removal of the gold crown. 

 The evidence also supports a finding that the taking was 

effected through the use of violence or intimidation. From the 

evidence of the beating of the handcuffed victim, and the use of 

pliers to remove the gold crown from Bonner's mouth, the fact 

finder could have found beyond a reasonable doubt that the 

beating and the theft of the crown were "interdependent objects 

of a common criminal design" to obtain something of monetary 

value from Bonner. See Yeatts v. Commonwealth, 242 Va. 121, 138, 

410 S.E.2d 254, 265 (1991), cert. denied, 503 U.S. 946 (1992). 

Thus, the violence and intimidation, through both the beating and 

the forceful extraction of the gold crown, preceded or was 

concomitant with the taking. Therefore, the evidence was 

sufficient to prove beyond a reasonable doubt that Perry 

committed robbery. 

 II. Abduction

 The evidence proved that Fields handcuffed Bonner while he 

was in the nightclub, then transported him to Perry's house, 

where he was beaten and handcuffed to the garage door for over 

six hours before he was taken to jail. 

 Code § 18.2-47 provides, in part: 

 Any person, who, by force, intimidation or 

deception, and without legal justification or 

excuse, seizes, takes, transports, detains, 

or secretes the person of another, with the 

intent to deprive such other person of his 

personal liberty or to withhold or conceal 

him from any person, authority or institution 

lawfully entitled to his charge, shall be 

deemed guilty of "abduction." 
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 Nothing in Code § 19.2-1491

 imparted legal justification to 

beat Bonner and handcuff him for six hours to a door before 

surrendering him to jail. Although Perry denied that he abused 

Bonner or handcuffed him to a door, the fact finder believed 

Bonner's testimony. See Bridgeman, 3 Va. App. at 528, 351 S.E.2d 

at 601. From this evidence, the fact finder could have found 

beyond a reasonable doubt that Perry detained Bonner, by force, 

without legal justification, and with the intent to deprive him 

of his personal liberty. Thus, the evidence was sufficient to 

prove beyond a reasonable doubt that Perry committed abduction. 

 III. Assault

 "Criminal assault . . . is 'any attempt or offer with force 

or violence to do corporal hurt to another.'" Martin v. 

Commonwealth, 13 Va. App. 524, 527, 414 S.E.2d 401, 402 (1992) 

(en banc) (citation omitted). Bonner stated that Perry struck 

him, kicked him, and "busted [his] eardrum with his hands." 

Bonner also testified that, as a result of the conduct of Perry 

and Fields, his eyes were swollen, his ribs were sore, his nose 

bled, and his teeth were "messed up." Henry Stewart's testimony 

corroborated Bonner's testimony concerning Bonner's wounds. 

 

 1 Code § 19.2-149 provides, in pertinent part: "A surety on 

a bond in a recognizance may at any time arrest his principal and 

surrender him to the court before which the recognizance was 

taken or before which such principal's appearance is required, or 

to the sheriff, sergeant or jailer of the county or city wherein 

the court before which such principal's appearance is required is 

located . . . ." 
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Although Perry testified that Bonner was injured before he 

arrived at Perry's house, the fact finder believed the testimony 

of Bonner concerning the beating. See Bridgeman, 3 Va. App. at 

528, 351 S.E.2d at 601. From this evidence, the fact finder 

could have found beyond a reasonable doubt that Perry was guilty 

of assault. 

 For the foregoing reasons, the judgment of the trial court 

is affirmed. 

 Affirmed.