McMillan v. Commonwealth – May 12, 2009

Trial court convicted McMillan of attempted capital murder when he drove his car directly at a state trooper’s cruiser, accelerating toward it. McMillan contended the evidence failed to establish his specific intent to kill the trooper. In an unpublished opinion, the CAV affirmed his conviction.

The CAV reversed McMillan’s conviction for possession of a concealed weapon by a convicted felon, concluding the scuba knife he carried was a safety device and a tool, not a weapon pursuant to Code § 18.2-308(A).