Powhatan man guilty of uncle’s murder

POWHATAN -- A Powhatan County man who gunned down his uncle in August after a violent confrontation was convicted of second-degree murder yesterday.

David E. Woodfin had been facing a charge of first-degree murder, but Powhatan County Circuit Court Judge Thomas V. Warren said that while he agreed Woodfin acted with malice, he did not believe the shooting of Donald Malkemus was premeditated. Premeditation is a requirement for a first-degree conviction.

Woodfin, 22, faces five to 40 years in prison on the murder conviction and three years on a firearm charge. Sentencing will be scheduled next week.

Defense attorney Cary Bowen said later that he was pleased with Warren's decision. "I thought it was second-degree or manslaughter all along," he said.

Jandelyn L. Onufer of Richmond testified that late on the evening of Aug. 1, she drove Woodfin to the French Hill Drive home that he shared with family members. As she and Woodfin walked her dog in a wooded area, Donald Malkemus pulled up.

Woodfin said he wanted to remain in the woods to avoid his uncle and a confrontation. "I kept telling him, 'Get in the car and let's leave,'" Onufer testified.

Near the vehicles, Malkemus -- nearly twice the size of his nephew -- grabbed Woodfin by the throat and lifted him off the ground, Onufer said.

In his defense, Woodfin testified Malkemus was angry that Woodfin had not repaid a $2,500 loan for which his uncle had co-signed and was now obligated.

Woodfin had lived with Malkemus and worked for his uncle's tree business on occasion. Woodfin testified his uncle could be critical and demanding as a boss.

That evening, Woodfin got loose from his uncle's first attack, he testified. Malkemus then grabbed a rake and menaced Woodfin as he cowered, Woodfin said. Malkemus told Woodfin that he would take care of the debt but would have nothing more to do with his nephew.

Woodfin said he walked into the house saying over and over again, "I love you uncle," retrieved his shotgun from under his mattress, walked outside and fired three shots into Malkemus as he sat in his truck, about to leave.

"I was trying to scare him," Woodfin testified. "I didn't plan on killing him."

But Assistant Commonwealth's Attorney Richard K. Cox said Woodfin's walking into the house to retrieve the shotgun and firing three shots at close range through an open window showed premeditation. "These are the actions of someone thinking out their crime," he said.

Contact Jamie C. Ruff at (434) 223-3678 or .