3. IS THE IMPOSITION OF CUMULATIVE PUNISHMENTS CONTRARY TO CONSTITUTIONAL LAW? The Commonwealth in its closing argument did not request a specific sentence, instead argued that “the sentence ends |the Defendant’s| criminal career” (Disk 4 at 10:23 am). Both aggravated malicious wounding and second-degree murder have statutory maximums […]
In The United States Supreme Court, Oct. 2014 Bomber v. Commonwealth of Virginia 1. WAS THE DOUBLE JEOPARDY CLAUSE VIOLATED WHEN MULTIPLE PUNISHMENTS WERE IMPOSED FOR SECOND-DEGREE MURDER AND AGGRAVATED MALICIOUS WOUNDING OF THE SAME VICTIM WHEN THE DEFENDANT COMITTED ONE DISTINCT ACT? This appeal is about the […]
A letter of clemency is just that, a letter asking the Governor to show mercy on a person convicted of a crime. So keep the main aim of your letter in mind as you write it. Explain carefully why you feel the person you are writing the letter […]
I am in the midst of promoting my petition for clemency [with the Virginia Governor’s office] and I am seeking supporters, particularly through social media. With that being said, would you mind digitally signing my petition? If so, please visit http://chng.it/MwpbTVqZ For some odd reason the link does […]
V. ADULT & JUVENILE CRIMINAL HISTORY In accordance with the Virginia Pardon Petitioner Questionnaire, the Petitioner has enclosed the Criminal History Attachment compiled by probation officer Andrew J. Martin (Ex. 24). Additionally, the Petitioner has also enclosed the Virginia State Police Criminal History Report (Ex. 25). To summarize […]
III. POST-CONVICTION APPEALS The Petitioner was formally sentenced on November 8th, 2011 in the Roanoke County Circuit Court. Following that the Petitioner presented an appeal to the Court of Appeals of Virginia and on June 11th, 2012 his petition for appeal was denied (Ex. 7). The Petitioner appealed […]
II. STATEMENT OF FACTS On June 5th, 2010, the Petitioner met Larry Michael Worrell for the very first time at the pool in the apartment complex where the Petitioner and Worrell both resided. A short time later Worrell and the Petitioner left the pool and went to Worrell’s […]
4. THE PETITIONER’S OUTSTANDING INSTITUTIONAL RECORD AND OTHER EXTENUATING EVIDENCE DEMONSTRATES REHABILITATION The Petitioner has an exceptional institutional adjustment that includes remaining infraction free and complying with his treatment needs as determined by his counselor (Ex. 3). Additionally, the Petitioner has taken the opportunity to reflect during this […]
B. THE DISJUNCTIVE USE OF THE WORD “OR” As Justice Kelsey noted in his dissent in Barr v. Atl. Coast Pipeline, 295 Va. 522 (2018), the “linguistic default is that “and” is conjunctive and “or” is disjunctive.” See also Patterson v. Commonwealth, 216 Va. 306 (1975); Williams v. […]
PETITION FOR CONDITIONAL PARDON SUMMARY OF PETITION This petition is a plea for mercy to the Governor of Virginia by David Michael Bomber, hereinafter the Petitioner. The Petitioner, who is currently a prisoner in the Virginia Dept. of Corrections, and is serving a sentence of 41 years and […]
in re: David Michael Bomber, D.O.B. 6/13/1973 TABLE OF CONTENTS Pardon questionnaire Table of contents (i, ii) Summary of Petition (1) I. Reasons for granting the Petitioner a conditional pardon (1-12) 1. The Petitioner is being punished cumulatively for the same act (2) 2. The Petitioner is being […]
IN A SINGLE STABBING WHERE THE VICTIM PASSED AWAY SEVEN MONTHS LATER: DO YOU AGREE OR DISAGREE THAT A PERSON SHOULD BE HELD ACCOUNTABLE FOR BOTH AGGRAVATED MALICIOUS WOUNDING AND SECOND-DEGREE MURDER. IF YOU DISAGREE, WHICH ONE DO YOU FEEL IS MORE APPROPRIATE TO PROSECUTE? Hello there, my […]
Governor Ralph Northam Office of the Governor Patrick Henry Building 1111 E. Broad St., 3rd Floor Richmond, Va. 23219-1934 (804)786-2211 July 13th, 2019 Dear Governor Northam, I am reaching out to your office in which I am seeking your endorsement in commuting a portion of my sentence that […]
A BILL to retroactively amend and reenact Code Section 18.2-51.2 of the Code of Virginia, relating to aggravated malicious wounding. BE IT ENAFTED BY THE GENERAL ASSEMBLY OF VIRGINIA: 1. That Code Section 18.2-51.2 of the Code of Virginia is retroactively amended and reenacted as follows: Code Section […]
See also Clark v. Commonwealth, 90 Va. 360; 18 S.E. 441 (1893)(If the prisoner willfully inflicted upon the deceased a dangerous wound, one that was calculated to endanger and destroy a life, and death ensued therefrom within a year and a day, the prisoner is nonetheless responsible for […]
b. THE PROVISIONS SET FORTH IN VIRGINIA CODE SECTION 18.2-51.2 DISTINGUISH THAT THE LEGISLATIVE BODY DID NOT INTEND MULTIPLE PUNISHMENTS Although the appellate courts viewed the Petitioner’s case in the abstract it can be gleaned from the reading of the statues that it was clearly not the legislative […]
B. VIRGINIA CODE SECTION 18.2-51.2 & 18.2-32 AS DEFINED: i. Virginia Code Section 18.2-51.2 provides as follows: A. If any person maliciously shoots, stabs, cuts, or wounds, any other person, or by any means causes bodily injury with the intent to maim, disfigure, disable, or kill, he shall […]
I. STATEMENT OF THE NATURE OF THE PETITION This petition is an appeal to the Virginia General Assembly by David Michael Bomber, hereinafter the Petitioner. The Petitioner, who is currently a prisoner in the Virginia Dept. of Corrections, seeks to amend the statue on aggravated malicious wounding, and […]
Psalm 91 1 He who dwells in the secret place of the Most High Shall abide under the shadow of the Almighty. 2 I will say of the Lord, “He is my refuge and my fortress; My God, in Him I will trust.” 3 Surely He shall deliver […]
It was about the time that I had gotten to Giles Co., passing through a place called Pearisburg that I knew that I really was running on fumes. That’s when I felt the urge to pray, “Lord Jesus, Please help me get home this morning, I really need […]
Psalm 91 A person once asked me, “Bomber, why do you believe in Jesus?” The short answer to that question that I told them was that was the only thing that made any sort of sense to me. The truth of the matter is I grew up with […]
For years I have entertained the idea of publishing my story. In fact it has been suggested by many of my friends and associates that I should write a book or perhaps publish something to the effect that showcases some of the experiences that I have encountered in […]
* Dedicated to Suzie Jennings, Founder of InmateBlogger.com For as long as I can recall I always pictured myself writing for an audience. Never in my wildest dreams had I ever envisioned that I would be publishing writings while being a prisoner. Yet, here I am as such […]
True friendship is a priceless treasure that can only be discovered when two people put in the effort to unearth it – David Bomber. Thank you for taking the time to read this. Please feel free to share or repost this entry along with my contact info with […]
Armed with the pink piece of paper and my social security card, I marched down to the DMV knowing that I was going to have complications. And I did. I finally asked to see the manager after getting nowhere with the lady who divvies out the numbers. I […]
Despite the fiasco with the clerk at the courthouse, my excitement was renewed with the prospect of restoring my driver’s license. As far as I knew everything was in order as my dad and I headed over to the DMV: Payment plan – check, birth record – check, […]
It’s fair to say that I was purdy excited about getting my driver’s license reinstated. After all it had been quite some time since I had been able to legally drive and now the only requirement that I faced was to deal with the courthouse. That’s just how […]
“Life is a spectacular journey that is illuminated with a wondrous feeling when we find someone that we can open up to and truly share ourselves with… and the possibilities are endless as to what you might discover along the way.” – David Bomber Thank you for taking […]
There is no point to be coy about it. The fact of the matter is it is impossible to grasp the struggles that today’s prisoner faces, unless of course you were to walk a mile or two in his or her shoes – which I truly pray never […]
It was a warm and sunny day when he ran up to me. As far as I was concerned he wanted to befriend me and I was more than happy to oblige. So, I picked him up, placed him on my sweater, and from that moment on we […]
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