Commonwealth of Virginia v. Jihad Arlik Ruffin

Richmond, Virginia, criminal defense lawyer represented the Defendant charged with felony murder while in the commission of shooting into an occupied building, Code § 18.2-33, use of a firearm in commission of murder, Code § 18.2-53.1, and maliciously discharging a firearm within an occupied building, Code § 18.2-279.

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On July 3, 2021, a fatal shooting occurred inside the "NOLA by Nisha the Plug" (NOLA) store, located in the shops at White Oak Village in Henrico. The incident was captured on the store's surveillance cameras.

At 5:34 p.m., Ruffin, Vermonte Fitzgerald, and Renardo Brown were inside NOLA together. Ruffin and Fitzgerald were seen standing together near the store's entry-exit door, while Brown was situated near the cash register. Detective Jeff Ensor testified that earlier video footage showed that the three had been inside the store for approximately 14 minutes before the shooting occurred.

At 5:34:35 p.m., Trevon Chappelle and Jamiriah Washington entered NOLA. Fitzgerald immediately advanced toward them as they walked down the left side aisle of the store. At 5:34:43 p.m., the footage shows Ruffin drawing a firearm from his waistband and holding it in his hand. Fitzgerald also drew a firearm from his waistband at this point, as depicted in still images taken from the store's "front left" camera. At 5:34:50 p.m., as Chappelle passed by, Fitzgerald pushed into him with his left elbow while holding a firearm in his right hand. Chappelle then raised his own firearm toward Fitzgerald, leading Ruffin to fire three shots at Chappelle.

One of Ruffin's bullets struck Jamiriah in the head, causing her to collapse on the spot. The video footage clearly depicted her lying motionless on the floor as Chappelle fled the store. The remaining footage, taken from different camera angles (back left, back warehouse, and

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warehouse left), showed the group's actions immediately after the shooting. Fitzgerald ran to the back storage area of the store and hid behind wooden shelving. Brown drew his firearm and positioned himself behind a merchandise display in the back of the store. Ruffin initially ran toward the back of the store but then peered into the left aisle twice before retreating to the back storage area. The three men then fled the scene together through the store's back exit. The video also showed other customers and employees within the store, including what appeared to be a young elementary-school-aged girl.

Detective Kevin Harver recovered three bullets from the scene, all of which were forensically linked to Ruffin's firearm, a Glock model 32 Gen4 .357 SIG pistol. Forensic analysis confirmed that Ruffin's firearm[3] was in "mechanical working condition."

Further forensic analysis traced the bullets' paths throughout the building. One bullet went through the wall of NOLA into the adjacent Kay Jewelers store. Bullet fragments from this projectile were recovered from Kay Jewelers' bathroom floor, with two of the fragments being identified as having been fired from Ruffin's firearm. A second bullet was found on the floor next to the cash register in NOLA, and it, too, was traced back to Ruffin's Glock. The third bullet, which was recovered during Jamiriah's autopsy from her right posterior scalp, was also identified as having been fired from Ruffin's firearm. The medical examiner determined that Jamiriah died of a gunshot wound to the head.

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"'Self-defense is an affirmative defense . . . and in making such a plea, a "defendant . . . assumes the burden of introducing evidence of justification or excuse that raises a reasonable doubt in the mind[] of the [finder of fact].'"" Taylor v. Commonwealth, 77 Va.App. 149, 170 (2023) (alterations in original) (quoting Commonwealth v. Sands, 262 Va. 724, 729 (2001)). "Whether an accused [defendant] proves circumstances sufficient to create a reasonable doubt that he acted in self-defense is a question of fact." Smith v. Commonwealth, 17 Va.App. 68, 71 (1993). "The trier of fact determines the weight of evidence in support of a claim of self-defense." Gardner v. Commonwealth, 3 Va.App. 418, 426 (1986).

The Defendant was found guilty

Affirmed