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Stumpf v. Commonwealth5/2/1989
Michael Wayne Stumpf appeals from the Circuit Court of Prince William County his conviction for first-degree murder and robbery. Although he had confessed to the murder, Stumpf contends that extrajudicial statements by his wife were admitted in violation of Code § 19.2-271.2. We affirm the conviction because we find the statements were made with Stumpf's knowledge, consent or acquiescence. See Coppola v. Commonwealth, 220 Va. 243, 251, 257 S.E.2d 797, 803 (1979), cert. denied, 444 U.S. 1103 (1980).
In 1986, Michael and Mary Stumpf had been married for three years and had a five year old son named Patrick. During the course of their unstable marriage, the Stumpfs had "split up off and on." In July 1985, while the Stumpfs lived in Patton, Pennsylvania, Mary Stumpf started dating Earl Merriman, who also lived there. In October, 1985, Mary and Patrick moved in with Merriman, while Michael Stumpf was in prison. When Stumpf was released, he left Pennsylvania and moved to Texas, but he maintained contact with Mary by telephone.
After living with Merriman for several months, Mary moved to Texas, where she again lived with Stumpf. In April, 1986, the Stumpfs moved to Prince William County, Virginia. There they met Roe and Joyce Nidiffer, with whom the Stumpfs lived for several weeks. However, Mary decided to leave Stumpf and return to Pennsylvania. Merriman came to Prince William County in June, 1986, to take Mary back to Pennsylvania. During that trip,
on June 27, Merriman was arrested on Interstate 95 in Prince William County for driving while under the influence of alcohol. Both Stumpf and Mary were present in Merriman's car at the time of his arrest. Merriman's trial for this offense was set for August 19, 1986, in Prince William County General District Court.
Mary lived in Pennsylvania with Merriman until his trial date. On the weekend of August 8, 1986, Stumpf made a trip to Pennsylvania to see Mary and Patrick. While there, Stumpf argued with Merriman several times and a fight between the two men broke out. While Stumpf was in Pennsylvania, Timothy and Mary Jones heard him say that he would "get even" with Merriman, and that Merriman's "day would come." In Prince William, Joyce Nidiffer had heard Stumpf say that "he was going to get rid of Merriman one way or the other." Roe Nidiffer testified that Stumpf had frequently talked about killing Merriman because Merriman had taken his wife away from him.
Because they were with Merriman at the time of his DUI arrest, Stumpf and Mary accompanied him to court in Prince William County. The three of them arrived in Merriman's car at the office of Merriman's Manassas attorney, at about 8 a.m. on August 19, 1986. Prior to leaving Pennsylvania, Merriman had obtained $1400 in cash from his mother to cover any fines, costs, and attorney's fees. Bertha Merriman testified that on the evening of August 18, 1986, she gave her son thirteen one-hundred dollar bills and two fifty dollar bills. At that time she noticed that Merriman was wearing a ring that Mary had given him.
When he arrived at the lawyer's office, Merriman went inside while Stumpf and Mary remained in Merriman's car. When the lawyer learned that the Stumpfs had been present at the time of Merriman's arrest, he asked Merriman to bring them into his office so that he could interview them. Stumpf and Mary refused to enter the office. The lawyer later negotiated a plea bargain under which Merriman pleaded guilty to reckless driving and paid a $100 fine. Merriman also paid the lawyer his fee of $4
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