Jason Hendricks Found Guilty Of Burglary At 475 County Line Road

Jason Hendricks will likely be found guilty of burglary for the incident at 475 County Line Road on August 7, 2024. Under Virginia Code 18.2-89, if any person breaks and enters the dwelling house of another in the nighttime with the intent to commit a felony or any larceny theft, then he shall be guilty of burglary. Most of the elements required for a burglary conviction are indisputable based upon the facts surrounding this incident. Hendricks broke into the property when the family room window on the ground floor was broken. There is evidence to prove that the break-in occurred sometime between 10:30 and 11:45 pm. A neighbor called the police at approximately 11:50 pm, reporting to police that they heard commotion in the house and saw a

To support this statement, it is important to also provide some evidence of this intention beyond his words. As in the Giles case, Palazuelos states that he has turned on the utilities at the property, such as water and electricity. Although he did not often stay overnight, Palazuelos had stayed overnight before, and he carried out several day-to-day activities, such as changing his clothes. Although it may not be as furnished as the room referenced in Giles, there are some lawn chairs and a mini fridge in the house to make the property more comfortable to be in. Based on the Giles court’s interpretation of habitation, requiring only periodic habitation, I believe that this property constitutes a dwelling house. Although there is no regular interval at which Palazuelos stays in the house, he has done so, has various items in the house to facilitate habitation, and intends to inhabit the house full time following the renovations. This is what distinguishes the present case from the Johns

This is what makes the property not a dwelling house in Johns. Since the court’s interpretation of the burglary statute intends to protect one’s personal safety, regardless of whether they reside on a specific property full or part time, the usage of the property matters more than the items on the property. In Johns, there was no threat to Pouloutides personal safety, as he did not intend to live on that property, and only saw it as a business investment. Contrast this with Palazuelos, who clearly does have the ability to inhabit the property now, has done so for one weekend, and has the intention to do so full time in the future. A break in at this property constitutes a threat to his personal safety and is the type of threat the courts sought to protect when defining a dwelling house. When comparing the facts at hand with those of the prior cases, I do believe that 475 County Line Road constitutes a dwelling house. It follows that Hendricks has met all elements required by Virginia Code 18.2-89 to convict someone of burglary during this