Dontae Lashawn Drumgold v. Commonwealth of Virginia

COURT OF APPEALS OF VIRGINIA Record No. 0243-25-4 DONTAE LASHAWN DRUMGOLD v. COMMONWEALTH OF VIRGINIA Present: Judges O’Brien, Causey and Bernhard Argued by videoconference Opinion Issued July 21, 2026 FROM THE CIRCUIT COURT OF THE CITY OF ALEXANDRIA James C. Clark, Judge Sebastian M. Norton (King, Campbell, Poretz & Mitchell, PLLC, on brief), for appellant.1 Timothy J. Huffstutter, Assistant Attorney General (Jason S. Miyares,2 Attorney General, on brief), for appellee. PUBLISHED OPINION BY JUDGE DAVID BERNHARD A jury in the Circuit Court of the City of Alexandria convicted Dontae Lashawn Drumgold of the first-degree murder of his roommate, Elijah Williams, and of the use of a firearm in the commission of that murder, in violation of Code §§ 18.2-32, -53.1, and the court sentenced him to 53 years of active incarceration. The Commonwealth secured that verdict without a recovered weapon, an eyewitness, or a confession, resting instead upon a convergence of circumstance: a .22 caliber rifle Drumgold bought and never produced; ammunition and gunshot residue answering to the fatal round; a deepening quarrel over rent and an eviction set to take effect on the very morning 1 Different counsel represented Drumgold before the circuit court. 2 Jay C. Jones succeeded Jason S. Miyares as Attorney General on January 17, 2026. Williams was killed; and journals in which Drumgold rehearsed how to “whack” a man and avowed a preference for “a bullet to the head.” Drumgold assigns six errors, contending the circuit court wrongly barred his evidence of third-party guilt, denied his motion to suppress the journals seized from his bedroom, admitted irrelevant and prejudicial proof that he had feigned membership in a fraternity, refused to strike the evidence on each count, and declined to order a second competency evaluation before sentencing. We hold that his proffer of third-party guilt did not point directly to the guilt of another; that the officers’ perusal of the journals stayed within the scope of a valid warrant; that his objection to the fraternity evidence was not preserved for appeal; that the circumstantial proof permitted a rational jury to find beyond a reasonable doubt both that Drumgold was the criminal agent and that he killed with premeditation; and that the circuit court did not abuse its discretion in declining a second competency evaluation. Accordingly, we affirm the judgment of the circuit court. BACKGROUND I. Events Preceding Drumgold’s Arrest In March 2022, Williams resided in an Alexandria, Virginia apartment with Drumgold. On March 23, 2022, around 6:10 or 6:20 a.m., Hermela Yitresu was driving to work when she noticed that the door to Williams’s apartment building was “wide open” and bright light was coming from the interior of the building. As she drove further down the street, Yitresu observed a bike propping the door open and a person dressed in black lying next to the bike. Yitresu did not see anyone else at the time and, believing the person lying on the floor was drunk, she continued on to work. Laura Phillips, a second-floor resident of Williams’s building, testified that around 6:30 a.m. on March 23, she opened the front door to her apartment and saw that the front door of the building was open, “which was unusual.” As she approached the building’s front door, she -2- noticed a bike wheel propping the door open. She stepped around the bike to go outside and observed a person lying on the ground, partially in the mulch and bushes, facing the building. Phillips said something to the person and lightly pushed them, but the person did not respond. Phillips then called 911. Alexandria Fire Department Lieutenant Jeffrey Prodoehl arrived at the apartment building around 6:50 a.m. and pulled the body out of the bushes. Lieutenant Prodoehl noticed some swelling and blood around the body’s face. Around 6:55 a.m., he pronounced the man dead. Detective Michael Whelan arrived at the building around 7:00 a.m. Based on credentials attached to the decedent’s waistband, Detective Whelan identified the deceased as Elijah Williams. Police officers canvassed the area, but no one stated they had heard or seen anything. Shortly after police arrived at the scene, officers determined that Williams resided in apartment 403. Officers obtained a warrant to search the apartment for forensic evidence, blood, and all of Williams’s electronic devices. Upon entering apartment 403, officers encountered Drumgold, and police learned that Drumgold and Williams were roommates. When executing the search warrant, officers noticed two .22 caliber rounds in the living room but did not collect them at that time. Officers also observed spackle for repairs and “four rounds of .9-millimeter [sic] ammunition” on the second floor of apartment 403. Police noted that Drumgold had access to a fire escape from his bedroom located on the second floor of the apartment. Detectives Ryan Clinch and Bikeramjit Gill arrived at apartment 403 around 9:00 a.m. They encountered Drumgold in the apartment and “told him that there was a male outside that was laid to [sic] on the ground, and we thought maybe he had been living in that apartment.” Drumgold told the detectives that Williams was his roommate and that they had known each other for about three years but had been roommates “for about four to five months.” Drumgold -3- informed the officers that Williams, who was employed as a security guard, routinely left for work at 5:45 in the morning. Drumgold told the officers that he was unemployed but was attempting to become a security guard himself. When asked when he had last seen Williams, Drumgold first responded two days ago but changed his answer to a week and then to six days during the course of the conversation. He noted that he had not seen Williams the night before the murder, but he did hear “him come home around 11:00 p.m., and he heard him making beats in his bedroom.” At trial, Detective Clinch testified that Drumgold told the detectives that “he went to sleep around 11:30.” He also testified that, when the detectives told Drumgold that Williams was the decedent, Drumgold said “it was . . . a really fucked up situation because . . . [Williams] was covering the bills for him.” Drumgold gave the detectives his cell phone number. After the detectives informed Drumgold that Williams was dead, Drumgold consented to going to the police station for a voluntary interview. At the station, Drumgold told the detectives that he and Williams split the rent evenly and “had an agreement that, you know, if you’re not paying, I’m not paying sort of deal.” Drumgold was “concerned about the bills and being evicted” and told the detectives “[t]hat he would ask his parents for money.” Drumgold again stated that he had not interacted with Williams the night before the murder but had “heard him come home and heard him making beats from his bedroom.” Drumgold stated that on the morning of March 23, “he didn’t hear anything except the flicking, closing of the front door of the apartment around 5:45, 5:46 in the morning.” When asked about his text messages or phone calls with Williams, Drumgold informed the detectives that “he regularly deletes his messages.” Drumgold allowed the detectives to look at his phone, but he did not permit them to copy the data on the phone because “there [were] some things on there that he didn’t want anybody to -4- see,” specifically “some notes about a fraternity.” At the end of the interview, Drumgold left the station. On March 24, 2022, Dr. Audrea Williams performed an autopsy on Williams’s body. Detectives Gill and Clinch were present during the autopsy. Dr. Williams observed a gunshot wound near Williams’s left eye, which she determined was the cause of death. There was no exit wound, and Dr. Williams recovered bullet fragments from the wound, which she then gave to the police. She testified at trial that the bullet ruptured the muscle around Williams’s left eye and injured his brain. At trial, Bronwyn McMaster, an expert in forensic firearm and ammunition examination and comparison, testified that the recovered bullet fragments were “consistent in design with being a .22 short . . . or long rifle.” She noted, however, that she “wasn’t able to definitively determine the caliber.” Additionally, she testified that the sound of a .22 caliber round being fired typically produces less noise than larger caliber firearms. On cross-examination, McMaster confirmed that there were at least ten different brands of rifles that could fit a .22 caliber bullet or cartridge. Upon learning from Detectives Gill and Clinch that a bullet fragment had been discovered in Williams’s head, police officers, including Detective Michael Whelan, returned to the entrance of the apartment building on March 24, 2022, to look for any evidence, such as bullet casings, they may have missed. Police did not find any evidence relating to firearm usage on the outside of the building. While the officers were outside, Drumgold approached Detective Whelan and told him he was going to a job interview. As Drumgold was walking away, Detective Whelan seized Drumgold’s cell phone after being told by Detective Gill that the police had probable cause to seize the phone. At trial, Detective Whelan testified that he did not tell Drumgold that Williams was killed by a gunshot wound to the head. -5-  After the autopsy, Detectives Clinch and Gill interviewed Drumgold at the police station on March 24, 2022. At trial, Detective Gill testified that when the detectives asked Drumgold what he thought had happened to Williams, Drumgold “said Elijah was shot.” At no point prior to this interview had the detectives told Drumgold that Williams had been shot. Subsequently, the detectives disclosed to Drumgold that Williams “was shot with a small caliber ammunition.” Detective Gill asked Drumgold about guns. Drumgold told the detectives that “[h]e was not allowed to have firearms” “[b]ecause he believed he was lawfully not allowed to have it based on his criminal history” and his status as a felon. The police later learned that Drumgold was not in fact a convicted felon and that Drumgold had participated in trainings to become a security guard, including “security officer entry level,” “armed security officer arrest authority,” and “handgun entry level” taken in September 2021, December 2021, and January 2022, respectively. On March 24, 2022, after Detectives Clinch and Gill interviewed Drumgold, the police acquired a second search warrant to search apartment 403 for guns; “paraphernalia related to firearms,” including “paperwork related to possession and purchasing of the firearms”; “[d]ocumentation/paperwork relating to indicia of occupancy”; and cell phones located in the apartment. Upon execution of the search warrant, police officers collected a paper shooting target and the two .22 caliber rounds from the living room. From Drumgold’s bedroom, officers collected a letter addressed to Drumgold and Williams dated March 9, 2022, of eviction from the apartment if rent was not paid by March 23, 2022, the day Williams was killed. Police officers also collected a BB gun, a round of .22 caliber ammunition, additional paper shooting targets, -6- two holsters, and a gun cleaning kit.3 The gun cleaning kit included .17 caliber and .22 caliber cleaning brushes, which were both dirty and contained traces of gunshot residue. During the search, police inspected some of the notebooks4 in Drumgold’s bedroom, but these notebooks did not contain any of the items sought in the search warrant. At trial, Detective Clinch testified that the contents of the notebooks were important because they held “talk[] of killing.” On the same day as the execution of the second search warrant, police officers sought and obtained a third search warrant5 to search the contents of the journals. In the attachment to the affidavit for the third search warrant, Detective Matthew Kramarik mentioned the notebook entries that the officers had observed during the execution of the second search warrant. The following entries were listed in the attachment: 1. “How to properly whack a nigga, that just comes down to location, state/region, then you pinpoint which city they in, after that then it comes down to their daily activities, let’s say they go to a certain store quite often if you have the man power you can post someone in front of the stores since you know they city matter of time till they pop up.” 2. “The ‘drumgolds’ legacy . . . the title Godfather was earned not given + you should be proud to wear it” 3. “I prefer a bullet to the head it typically does the trick, but see the game is only fun if you don’t get caught.” 3 Investigator Allen testified that, on March 30, 2022, police collected a .22 caliber cartridge and a BB gun from Drumgold’s bedroom. It is unclear whether the second search warrant was executed on March 24, 2022, or March 30, 2022. In other parts of the trial transcripts, other law enforcement officials appear to testify that the second search warrant was executed on March 24, 2022, but the BB gun that was collected from Drumgold’s bedroom seems to be the same as the one collected on March 30, 2022. 4 Throughout the trial, “journals” and “notebooks” were used interchangeably. 5 The third search warrant also authorized searching the apartment for laptops, electronic storage devices, and a Django Unchained movie. -7-  At trial, Detective Gill testified about other entries in the notebooks found in Drumgold’s apartment. In one of the entries, Drumgold stated, “I had a dream about a lion in a room. I was playing around, scared, but not really. Ended up beating Elijah’s ass.” Another entry stated, “Shoot bullet to make sure there is no serial number on it.” In another journal, Drumgold entitled a page “Blood Gang” and appeared to have written steps for rising in a gang. For example, Drumgold wrote, “Catch a body. Congratulations your [sic] officially a Blood level 14.” According to Detective Gill, “catch a body” means “to murder, to have a body as a result of murder.” In a subsequent entry, Drumgold wrote, “My roomate [sic] tried that same shit.” Detective Gill also testified that in another journal, Drumgold wrote: [A]re they playing with your time or happiness? There are multiple ways to solve these issues. I prefer a bullet to the head. It typically does the trick, but see the game is only fun if you don’t get caught. Understand getting caught is a life sentence. My fee. But getting away is an entirely different feeling. First, you’re going to feel anxiety, mainly because it’s like you know you got away with it. But it’s still a slight chance that you will get caught. To end these problems, I prefer to dig the hole before blowing someone’s brains out. It saves the time and worry of what to do next. On March 25, 2022, police searched the trunk of Drumgold’s car and observed a shovel, pickaxe, tarp, and muddy boots. Those items were subsequently collected around March 31, 2022. On March 30, 2022, Detective Clinch executed another search warrant at the apartment. During that search, police found “little BB holes” on Williams’s bedroom door and in Drumgold’s bedroom. During the investigation, police reviewed Drumgold’s text messages retrieved from Drumgold’s iCloud. In October 2021, Christopher “Ricky Spanish” Santiago6 told Drumgold 6 At trial, Santiago testified that he had obtained an immunity deal in exchange for his testimony and that he was a convicted felon. -8- about a .22 caliber Remington rifle he was holding as collateral for a loan to Kevin Gallman.7 Drumgold expressed an interest in purchasing the rifle, and Santiago sold it to him in October 2021 for $220. Santiago testified at trial that when he gave the rifle to Drumgold, Drumgold said, “I could blow a nigga’s head off.” During the investigation, the police discovered receipts showing Drumgold purchased .22 caliber rifle ammunition in November 2021 and 9 mm ammunition in December 2021. On December 17, 2021, Williams texted Drumgold to stop shooting a gun in the apartment. Drumgold replied, “Whatever.” Williams followed up, informing Drumgold that there was a bullet in his door, and the two argued about repairing the damage done by the bullet. In February 2022, Drumgold and Williams argued over text about paying the rent. During the exchange, Williams told Drumgold that Drumgold was short by $300 on his portion of the rent payment. Drumgold informed Williams that he could not or would not ask his parents to borrow $300. In the days leading up to Williams’s murder, Drumgold texted his mother about Drumgold moving out of the apartment and his financial issues. Drumgold’s mother provided Drumgold with links to apartments and gave him advice on moving out. Three days before Williams’s death, Drumgold’s mother texted Drumgold, “Please control yourself and try to move instead of going to jail and losing everything, to include your future.” On the night before Williams’s murder, Drumgold’s cell phone was active from approximately 10:06 p.m. until approximately 8:55 a.m. on March 23, 2022. Between 11:00 7 Gallman’s father testified that the rifle in a picture shared between Santiago and Drumgold looked like the bolt-action rifle his father owned. Gallman’s uncle similarly testified that the rifle in the photo looked like a gun his father had owned. Gallman’s uncle further testified that he did not find his father’s guns when cleaning out his father’s house, and the uncle did not know what happened to the guns. Both Gallman’s father and uncle testified that their father purchased his guns from Sears or Western Auto. When searching Drumgold’s car on May 8, 2023, police found a Sears catalog from fall of 1900. -9- p.m. and 4:00 a.m., Drumgold’s cell phone activity showed him texting with his mother and searching apartment and firearms websites. On March 23, 2022, after Williams’s death, Drumgold and his mother were texting about his financial issues, but they did not discuss that Williams had been found dead that morning. On May 8, 2023, a grand jury indicted Drumgold for the first-degree murder of Williams and the use of a firearm while committing murder. Drumgold was arrested on May 9, 2023. Detectives Gill and Clinch interviewed Drumgold at the police station. During this interview, Drumgold stated he went to bed around 3:00 or 4:00 a.m. on March 23, 2022. Drumgold told the detectives that he had only purchased 9 mm ammunition and had never purchased .22 caliber ammunition. Drumgold did not deny that he purchased the rifle from Santiago but asserted that he did not remember what happened to it. The .22 caliber rifle was never recovered. II. The Trial A. The First Competency Motion Before trial, on November 14, 2023, counsel for Drumgold moved for a competency evaluation pursuant to Code § 19.2-169.1, seeking to have Drumgold examined to determine his mental condition and his ability to assist counsel. The circuit court granted the motion and ordered that Drumgold be evaluated for competency.8 Dr. Melissa Stormer prepared the competency evaluation. She noted Drumgold reported that he sustained “a head injury during a previous incarceration, which required hospitalization” at Western State Hospital. Drumgold stated “that he fell off the top bunk of a bunk bed while 8 The transcript of the November 30, 2023 hearing on the first competency motion was not timely filed under Rule 5A:8(a) and is therefore not part of the record on appeal. See Rule 5A:8(a); Bay v. Commonwealth, 60 Va. App. 520, 528-29 (2012). Because that transcript is not indispensable to our resolution of Drumgold’s challenge to the denial of a second competency evaluation, which we decide on the competency evaluation report, the circuit court’s competency finding, and the timely transcript of the second competency hearing, we do not rely on it. See Rule 5A:8(b)(4)(ii); Turner v. Commonwealth, 2 Va. App. 96, 99 (1986). - 10 - incarcerated in 2020.” Dr. Stormer noted that Drumgold may have been taking a medication used to treat bipolar disorder but concluded that he was likely malingering. She highlighted that Drumgold’s “thought process was logical and organized” and that “he was able to engage in rational discussion, he maintained attention and focus, he was oriented to person, time, and place, and he understood the reason for the interviews.” Based on her evaluation, Dr. Stormer determined that Drumgold showed a “high likelihood of feigning symptoms of mental illness.” Dr. Stormer also noted that, despite Drumgold’s “report of audio and visual hallucinations and severe sleep disturbance, he displayed a high level of cognitive functioning, and his thought process was organized and rational.” Drumgold’s reported symptoms were “inconsistent with what is typically reported by individuals experiencing genuine psychosis.” Ultimately, Dr. Stormer opined that Drumgold “is feigning symptoms of mental illness in an attempt to secure a transfer to a mental health hospital” and determined that Drumgold was competent to stand trial. Based on the competency evaluation report prepared by Dr. Stormer, the circuit court found that Drumgold was competent to stand trial. B. Motion to Regulate Evidence of Third-Party Guilt Early on in the police investigation, Drumgold attempted to provide the police with suspects. Drumgold told police that Williams was friends with “Black males from D.C.” who could be suspects. He also pointed to Ashley Archer and Eduard Velasco as potential suspects. As part of the investigation, Detectives Gill and Clinch interviewed Archer, Velasco, and Drumgold’s parents. The detectives interviewed Archer on the evening of March 24, 2022, in Prince William County. Police interviewed Velasco in the early hours of March 25, 2022, in Stafford. Detective Gill obtained Archer’s and Velasco’s phone numbers and subsequently - 11 - obtained their phone records, which were analyzed by another officer.9 Police did not pursue further investigation of Archer or Velasco after analyzing their phone records. On February 15, 2024, the circuit court heard the Commonwealth’s motion to regulate evidence of third-party guilt. The Commonwealth did not ask that all evidence concerning third-party guilt be prohibited but requested that the court prohibit Drumgold “from presenting evidence that merely suggests or insinuates that a third-party may have committed the murder.” The circuit court deferred ruling on the motion, stating that the motion was premature and would be ruled on shortly before or during the trial. On May 9, 2024, less than two weeks before trial was set to begin, the Commonwealth renewed the motion to regulate evidence of third-party guilt. The Commonwealth argued that “[u]nless and until this defendant can produce evidence that directly points to the guilt of a third party, they should not be allowed to introduce evidence of the proverbial boogeyman.” The Commonwealth did note that if Drumgold could “proffer facts and circumstances that clearly point to another person as the guilty party, that evidence still must be admissible.” The defense identified other alleged perpetrators: an unknown individual who “was loitering in the area,” an unknown individual who “was jumping on some cars in the area at the same time when this incident, murder, took place,” Archer, and Velasco. The defense represented that Archer was Williams’s former girlfriend and that Archer and Williams were in an active custody dispute over their child. The day before the murder, a custody hearing was scheduled to take place, but no one appeared. With respect to Velasco, the defense represented 9 After Detective Gill testified to this, Drumgold then requested a bench conference to ask the court if he could ask if Detective Gill “pull[ed] a criminal history” on Archer and Velasco. The court stated that “criminal history is irrelevant” and that Detective Gill testified that all he did was obtain the phone records. Drumgold objected but did not offer a reason for doing so. On redirect examination, Detective Gill testified that after analyzing Archer’s and Velasco’s phone records, the police did not feel that there was any need to further investigate them. - 12 - that Velasco was Archer’s new boyfriend who had “bad blood” with Williams and that Velasco had a prior criminal record. The circuit court inquired whether Drumgold had evidence indicating that Archer or Velasco were in the vicinity at the time of the murder. The defense proffered that Archer had made an accusation in January 2022 that Williams had inappropriately touched the child. The investigation into this accusation was ultimately terminated when it was discovered that it was actually Archer and Velasco hitting one another. The defense argued the domestic violence between Archer and Velasco relates to this case because it shows “their propensity to have violence.” Drumgold also proffered that Velasco and Archer’s phone records showed no phone calls from about 9:00 p.m. on March 22, 2022, until late afternoon on March 23, 2022. Additionally, the defense highlighted Archer’s statement to police that she “wouldn’t want to be with a murderer” and that Archer refused to tell Velasco where Williams lived because of Velasco’s jealousy issues. Drumgold stated that Velasco and Archer did not have alibis, as they claimed, “they were both [sleeping] in the apartment [in Stafford] that morning.” The Commonwealth responded that the defense failed to proffer any evidence “that points directly to the guilt of either Ashley Archer, Edward10 Velasco, or any other person.” The Commonwealth also noted that the allegations of sexual abuse “were thoroughly investigated . . . [and were] unfounded” and that, around the time of the murder,11 Archer’s phone was active between “3:40 a.m. and 9:22 a.m. on the morning of the murder” and was “communicating with towers in Stafford, miles away from Alexandria.”12 Ultimately, the Commonwealth conceded 10 The transcripts and pleadings spell Velasco’s first name inconsistently, most often as “Eduard” and sometimes as “Edward.” 11 Williams “died somewhere about 5:45.” 12 At trial, Detective Kramarik testified as an expert in cell phone technology. He examined the cell phone records for Archer and Velasco. With respect to Archer’s cell phone records, Detective Kramarik testified that there were no phone calls or text messages between 10:00 p.m. on March 22, 2022, and 7:00 a.m. on March 23, 2022. Detective Kramarik testified - 13 - that the defense could ask the detectives about the thoroughness of the investigation but that the defense had not proffered sufficient evidence to raise third-party guilt at trial. The circuit court granted the motion “unless or until [the defense] can make a proffer to the trial court that the trial court accepts, that there is some direct evidence that somebody else did this homicide.” The week before trial was to commence, Drumgold filed a motion in limine “request[ing] an outline and framework of what third party guilt evidence will be permitted to be introduced.” The defense again proffered that there was a contentious relationship between Archer and Williams, that there was an ongoing child custody dispute between them, and that Archer had filed a police report accusing Williams of molesting their child. Drumgold also again noted Velasco’s criminal record and the domestic violence history of Velasco and Archer. The Commonwealth responded that Drumgold’s filing presented no new facts or evidence indicating that Archer or Velasco committed the murder and that such proffer was inadequate to allow the defense to raise third-party guilt at trial. Before voir dire on the first day of trial, the circuit court addressed this motion and asked defense counsel what evidence would be used to prove the proffer and how that evidence was relevant to the case. The circuit court also asked the parties if either side anticipated having any evidence that Velasco or Archer was at or near the scene at the time of the murder. Drumgold stated that there was a surveillance video that showed “a male that could be [Velasco].” The Commonwealth responded that “[t]here is no direct evidence that either Ashley or . . . Eduard . . . that, based on the timing advance data, Archer’s phone was located in Stafford, Virginia from 10:00 p.m. on March 22 until 7:00 a.m. the following morning. Velasco’s cell phone records showed a phone call at 9:09 p.m. on March 22, 2022, and an outgoing text message at 6:09 a.m. on March 23, 2022. When asked where Velasco’s cell phone was located when he sent the text message, Detective Kramarik replied, “According to the call detail records, it was in Stafford, Virginia.” Detective Kramarik also examined Drumgold’s cell phone records and testified that the timing advance records showed his phone was located in Alexandria, Virginia between 10:00 p.m. on March 22 and 7:00 a.m. the next morning. On cross-examination, Detective Kramarik stated that he did not know whether Archer or Velasco had any other phones. - 14 - was at or near the scene of the homicide on the morning of March 23.” Ultimately, the court ruled that Drumgold was not permitted to present third-party guilt evidence but could question the police officers about their investigation. The Commonwealth then mentioned that cell phone records indicated that Archer and Velasco were in Stafford at the time of the murder. Drumgold asserted that the cell phone records show that no phone calls were made at the time of the murder. The circuit court stated that the parties could question the cell phone evidence at trial. On May 21, 2024, the second day of trial, Detective Clinch testified on cross-examination that he spoke with other residents of the apartment building when he first arrived at the crime scene. According to Detective Clinch, “one resident saw somebody outside the building smoking a cigarette, or doing something, hanging out” at the time of the murder. Detective Clinch also testified that neighbors saw people walking by in the days prior to the shooting but stated that this was not unusual for a city. Drumgold then contended that “if there was a stranger hanging around with a big black bike sleeping in the general area in those canvasing works” and there were reports of break-ins, he should be permitted to question Detective Clinch about that information. The circuit court responded, “Go ahead. . . . Just ask him.” Drumgold then stated that he would call Detective Clinch as a witness and resumed cross-examination. Drumgold did not ask those questions during the rest of cross-examination. At the end of the third day of trial, the parties and the court discussed which witnesses would be needed the following day. Drumgold asked the court for clarification as to whether he would be able to question Archer and Velasco. The circuit court replied, “You’re not allowed to put on any evidence of third party guilt, with regard to those two people. The Court has ruled on that repeatedly.” On the next day of trial, the Commonwealth informed the court that Archer and Velasco were en route to the courthouse. The court informed the parties that Drumgold could ask Archer and Velasco whether they left their phones in Stafford at the time of the murder, - 15 - whether they were in Alexandria on the night or morning of the murder, and about communications with Williams. After the Commonwealth rested and the circuit court denied the first motion to strike, Drumgold stated that he was still unclear as to what questions he could ask Archer and Velasco. The court responded that he could not “bring up, talk about third-party guilt” but noted that Drumgold could ask about communications between Archer and Williams or about whether Archer or Velasco “left their cell phones in Stafford . . . on the night of the murder.” Drumgold stated that he would not ask Archer and Velasco whether they left their cell phones in Stafford. The Commonwealth informed the court that Archer and Velasco had arrived, but Drumgold then advised the court that he was not going to call either of them as witnesses. C. Motion to Suppress On May 9, 2024, the circuit court heard oral argument on the defense’s motion to suppress the contents of the journals the defense alleged were unlawfully seized and any observations or statements made as a result of the seizure. In the written motion, the defense argued the seizure and search of the journals during the execution of the second search warrant exceeded the scope of the warrant, as the affidavit for that warrant did not request collection of journals. The Commonwealth responded that opening the journals did not exceed the scope of the second search warrant because such journals could contain documents relating to occupancy, which were requested in the affidavit for the search warrant. At oral argument, Drumgold argued that the journals were not containers, and the writings were not in plain view. Drumgold also asserted that the police had already seized documents relating to occupancy, so they did not need to read the journals to find more documents relating to occupancy. The Commonwealth responded that the police could peruse the journals because such journals could contain folded documents relating to occupancy, and the - 16 - journals themselves could also have been indicia of occupancy. The circuit court denied the motion to suppress, stating “that the officers clearly acted within the scope of the warrant when the[y] read the journals.” D. Fraternity-Related Evidence At trial, Detective Clinch testified that, as part of the investigation, officers reviewed Drumgold’s Instagram page with the username “Dontaethedon.” Drumgold objected to the admission of the photos from his Instagram on the basis of relevance, and the Commonwealth responded that Drumgold held himself out as a member of a fraternity, which the police learned was untrue. The Commonwealth proffered that this was relevant because it was one of the many lies Drumgold told throughout the investigation, which showed that “he [was] trying to obfuscate and lead detectives away from the fact that he [was] the one that committed the murder.” Additionally, the Commonwealth proffered that there were other exhibits that were also posted on Drumgold’s public social media accounts showing Drumgold burying “a fraternity relic using a shovel and a pickax[e].” Drumgold argued that whether he lied about being in a fraternity or not was irrelevant because the case was not about dishonesty or cheating. The circuit court overruled the objection, stating that “credibility is always an issue.” Drumgold then also objected to this evidence, arguing that the exhibits were overly prejudicial. The circuit court overruled this objection. Detective Clinch further testified that one of the photos posted on Drumgold’s Instagram with the username “kingofthekappas” was of a flag with Greek letters, which was the same flag seen in Drumgold’s bedroom. When the Commonwealth moved to admit these photographs, Drumgold objected on the same grounds, and the circuit court overruled the objection. Drumgold’s Instagram page also had photos of him burying a “fraternity relic.” Detective - 17 - Clinch then testified, without objection, that he was unable to confirm whether Drumgold was in a fraternity and found no evidence of his membership in a fraternity. David Allen, a crime scene investigator, testified about retrieving the buried “fraternity relic.” Drumgold objected on the basis of relevance, but the circuit court overruled the objection. Later, Detective Clinch also testified about digging up the “fraternity relic” on March 30, 2022, without objection from the defense. Detective Gill testified that Drumgold presented himself as a member of a fraternity, and the defense did not object to this testimony. Additionally, Detective Gill testified, without objection, that the police spoke with Drumgold’s parents, who stated that Drumgold was not a member of the Kappa fraternity. E. Motion to Strike After the Commonwealth rested, Drumgold moved to strike, arguing that there was no weapon, no bullet casings, no fingerprints, and no blood spatter. He also argued that there was no proof of motive and that the entries in the notebooks showed Drumgold “simply writing about what he was reading and the movies.” Drumgold explained that “he was trying to make money off of” the writings in the notebooks. The circuit court denied the motion. After Drumgold’s testimony, he rested and renewed his motion to strike, referencing Bishop v. Commonwealth, 227 Va. 164 (1984). Drumgold then stated, “I do not believe they met the sufficient Commonwealth code.” The circuit court again denied the motion. F. Jury Deliberations and Sentencing After closing arguments on May 23, 2024, the jury recessed for deliberations. On May 24, 2024, the jury found Drumgold guilty of first-degree murder and the use of a firearm in the commission of a felony. - 18 -  After trial, Drumgold retained new counsel, and the sentencing hearing was continued to November 21, 2024. On November 15, 2024, Drumgold filed a new motion for a competency evaluation. Shortly thereafter, the Commonwealth filed an objection to this motion. On November 21, 2024, the circuit court heard oral argument. Drumgold’s counsel stated that Drumgold had made unusual statements like “he was married to 106” women and that he was Jewish, described as “odd” given D