This page uses extracted PDF text. Text can misread numbers, dates or table columns. Check the PDF before quoting or interpreting it. Redacted areas remain redacted.
COURT OF APPEALS OF VIRGINIA
Present: Judges Huff, O’Brien and Athey
Argued at Norfolk, Virginia
ALBIN TREVOR PEARSON
MEMORANDUM OPINION* BY
v. Record No. 2002-22-1 JUDGE CLIFFORD L. ATHEY, JR.
AUGUST 6, 2024
COMMONWEALTH OF VIRGINIA
FROM THE CIRCUIT COURT OF THE CITY OF NEWPORT NEWS
Margaret P. Spencer, Judge Designate
Timothy G. Clancy (Lisa A. Mallory; Clancy & Walter, P.L.L.C., on
briefs), for appellant.
Ken J. Baldassari, Assistant Attorney General (Jason S. Miyares,
Attorney General), for appellee.
Following a jury trial held in the Circuit Court of the City of Newport News (“trial court”),
Albin Pearson (“Pearson”) was convicted of the voluntary manslaughter of Henry Berry, III
(“Berry”). Pearson was also convicted for having entered Berry’s home with the intent to damage.
Pearson was sentenced on both charges to a total of 10 years and 12 months incarceration, with 5
years suspended. Pearson assigns error to the trial court for: 1) refusing to admit evidence of the
existence of a protective order against Berry; 2) refusing to admit expert testimony based upon a
frame-by-frame analysis of Pearson’s body camera video recordings; 3) ruling as a matter of law
that the attempted arrest of Berry was unlawful; and 4) ruling as a matter of law that the entry into
Berry’s home was unlawful. Finding no error, we affirm the judgment of the trial court.
* This opinion is not designated for publication. See Code § 17.1-413(A).
UNPUBLISHED Jump to an indexed page (18 of 18)