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Ferrell v. Commonwealth12/11/1990
oint, Bond ran a computer check on the license plate and found it had been stolen from Patricia Ann Fitchette. Bond then ran the Cadillac
identification number through the computer and discovered that the car had been stolen from Greenleaf Auto in Chesapeake. Appellant was arrested and charged with driving while under the influence of alcohol, transported to the police station by another patrol officer and advised of his Miranda rights. Having determined that appellant was in possession and control of the stolen Cadillac, Bond twice asked him where he had obtained the car. Appellant responded with two questions: "Well, what are you talking about?" and, "Why do you want to know?"
Bond made an inventory of the contents of the Cadillac prior to its impoundment. The inventory revealed that in appellant's possession and/or under his control were the stolen Cadillac, personal checks, a Thundersound equalizer, bags of assorted keys, a stereo cassette, an 8-track adapter, various papers, and Virginia license plates with numbers FWB-490 and FWN-271, all taken from Greenleaf Auto; a military business ID card with number 17518, a calculator, one briefcase, two window-lock keys, and three Yale Materials with Tom Ricks' name on it, all except the ID card taken from the premises of Sydnor Industries; and ten sets of keys taken from Cavalier Ford, which were removed from appellant's suitcase in which a Polaroid picture of appellant was also found.
The inventory included the license plate stolen from Fitchette, driver's license of Gneville, a number of billfolds belonging to other people, and various items of women's jewelry. None of these items were stolen from the Chesapeake business victims named in the indictments. The list was introduced into evidence to rebut appellant's assertions that he was unaware that the Cadillac and items found in it had been stolen.
At the same time that the items shown on the inventory list were stolen from Bill Elliott's a 1979 Ford Thunderbird belonging to that company was also stolen from its premises. In addition, at the time the ten sets of keys were stolen from Cavalier Ford a Ford van was also stolen from its premises. These automobiles apparently were abandoned by the thief and had been returned to the owners prior to appellant's arrest in Maryland.
Appellant testified on his own behalf. He denied that he committed the break-ins, and stated that he had bought the Cadillac from a man named James, whom he had met at a local bar. He did not produce James as a witness at trial. On cross-examination,
appellant stated that he was aware of the presence of the calculator and some jewelry on a "plaque" that was in the glove compartment but denied that there was a bag containing jewels. He specifically denied any knowledge of Patricia Gneville's driver's license, the identification card of Thomas Ricks, the military ID card of David Dunn, and the sets of automobile and clock keys. He further denied that he had given Gneville's card to the police officer. Generally, he denied knowledge that the many items found either in the back seat or trunk of the Cadillac were stolen, asserting that they must have belonged to "James." He admitted that prior to the trial he had told no one that the stolen items belonged to James, and he did not claim that he told Officer Bond that he had purchased the vehicle from James.
Officer Bond was recalled by the Commonwealth to rebut appellant's denial that he gave Gneville's driver's license to Bond, to show that there was a bag containing a substantial amount of jewelry, and for the purpose of
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