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Pearson v. Commonwealth — Court of Appeals opinion, 2002-22-1

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- 3 - Berry’s apartment, the officers agreed that they would attempt to convince him to leave his apartment. They also agreed that if they successfully convinced Berry to exit his apartment, they would arrest him for falsely summoning and or giving a false report to a law enforcement officer in violation of Code § 18.2-461. In furtherance of their plan, Detective Alexander knocked on Berry’s front door. Whereupon Berry opened his front door, stood in the doorway holding his phone, and requested that Detective Alexander view the FaceTime video of his son. Detective Alexander agreed to view the video only if Berry came outside of the apartment building. When Berry insisted on remaining in the doorway to his apartment, Pearson also advised Berry to come outside to speak with the officers. In response, Berry retreated further back into the doorway of his apartment and restated that he did not want to go outside. When Berry subsequently placed his hand on the apartment’s front door in a manner as if he intended to close the door or was preparing to do so, Detective Alexander placed her boot in the path of the door to prevent the door from being closed. While Berry was attempting to close the door, both Pearson and Officer Pitterson rushed through the apartment door and attempted to seize Berry. Detective Alexander and Officer Scott followed their fellow officers into Berry’s apartment, also attempting to subdue Berry. Berry began to struggle with the officers as they attempted to wrestle him to the ground. Berry eventually ended up seated on the ground with his back to the wall while the law enforcement officers continued to attempt to place him under arrest. Berry continued to refuse to submit and struggled to escape from the officers’ control, eventually prompting Officer Pitterson to deploy his taser against Berry. During the struggle, Berry wrested control of the taser from Officer Pitterson, and Pearson reacted by fatally shooting Berry once in the back with his handgun. Following an investigation, Pearson was indicted on charges of second-degree murder and entering property with the intent to damage. Before trial, Pearson sought to obtain by subpoena
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