Carosi v. Commonwealth

Angela Carosi (defendant) lived with her three children, ages 10, five, and three. The father of two of the children, Cavell Thomas, sometimes lived with them. Thomas was arrested on illegal-drug charges. A Virginia State Police agent served a search warrant on Carosi’s home, seeking illegal drugs. The agent claimed Carosi told him (1) he would find bongs in a wardrobe in her bedroom and (2) she kept some of her clothes in that wardrobe. In the wardrobe, the agent found marijuana, bongs, and other drug paraphernalia. The agent also found oxycodone, ecstasy, and cocaine in or around an unlocked safe in Carosi’s bedroom. Carosi denied knowing about the drugs in the safe. According to the agent, all the illegal drugs were within reach of even a small child. Carosi was charged with possessing illegal drugs and child endangerment. At trial, Thomas testified that the wardrobe and drugs were solely his and he had brought the drugs in the house one day before the search. Carosi denied telling the agent that she knew there were bongs in the wardrobe or that she kept her clothes there. Carosi also denied knowing that illegal drugs were in her home. The prosecution presented testimony from the agent and other evidence questioning Thomas’s and Carosi’s credibility. The jury acquitted Carosi of the drug-possession charges but found her guilty of felony child endangerment. Carosi was given a total punishment of $1,500 in criminal fines. Carosi appealed, arguing that her acquittal on the drug-possession charges meant the jury found she did not have actual knowledge of the drugs’ presence, which was the alleged danger to her children. Carosi also argued that even if she knew about the illegal drugs, their presence was no more dangerous than kitchen knives or legal drugs. Thus, the prosecution had not presented sufficient evidence to establish that Carosi had acted with criminal negligence, the mens rea (i.e., state of mind) required to commit the crime of child endangerment. The appellate court rejected the arguments. Carosi appealed to the Virginia Supreme Court.