The case involves Daniel Lee Zirkle, who was indicted by a grand jury in Rockingham County for the capital murder of Jessica Shifflett and other related offenses. Zirkle was convicted of capital murder for the killing of Christina Zirkle and sentenced to death. Despite his counsel's objections, Zirkle expressed a desire to plead guilty to the charges and requested the death penalty. His counsel informed the court that they had thoroughly discussed the implications with him, yet Zirkle insisted on proceeding without their participation in the penalty phase, specifically declining to allow them to present mitigating evidence.
The circuit court conducted a comprehensive inquiry into Zirkle's understanding of the proceedings and ultimately determined that he was mentally competent and fully aware of the nature of his pleas. Zirkle's pleas were accepted as freely, intelligently, and voluntarily made. He was found guilty of capital murder and received a life sentence for breaking and entering with intent to commit murder while armed. Although he filed an appeal for the latter conviction, he did not contest it on appeal.
During the penalty phase of the trial, Zirkle repeatedly instructed his counsel not to present any mitigating evidence, despite the court's encouragement to prepare for potential changes in his stance. The Commonwealth proceeded to present its evidence without any input from Zirkle’s counsel regarding mitigation.
The circuit court determined that the Commonwealth proved beyond a reasonable doubt that Zirkle posed a continuing serious threat to society, based on evidence of his prior behavior and the circumstances of his offense against Jessica Shifflett, which included elements of torture and aggravated battery. Consequently, Zirkle was sentenced to death. Zirkle instructed his counsel not to appeal this judgment. In response, the court ordered an evidentiary hearing to assess the voluntariness and intelligence of his decision to waive the appeal. The court found that Zirkle's choice was made knowingly and that he was mentally competent to waive his appeal rights, resulting in a signed written waiver. Despite this waiver, the Supreme Court is mandated to review death sentences for potential arbitrary influences and proportionality with similar cases.
Evidence presented included Zirkle's history of violating a protective order against Barbara Shifflett, and on August 2, 1999, following his release from incarceration, he made a threatening phone call to her. Afterward, he unlawfully took his daughter, Christina, from Barbara Shifflett's home, where she had left her daughters under Jessica's care.
Barbara Shifflett left work and returned home, alarmed after JoAnn Zirkle contacted emergency services, fearing that JoAnn's partner, Zirkle, had taken their daughter Christina to Story Book Trail. Upon arriving home, Barbara found her daughter Jessica unresponsive on the floor, initially mistaking blood on her arm for red paint. After futile attempts to revive Jessica, she ran outside seeking help. Rockingham County Sheriff's officers arrived and informed Barbara that Christina had been killed. Christina's body was discovered with a significant neck wound, lying on Zirkle's chest, with a knife positioned near Zirkle's hand, which the responding officer kicked away for safety reasons. Zirkle was later hospitalized and confessed to the murders to a psychiatric resident and two detectives.
During the penalty phase, evidence revealed Zirkle's history of physical and mental abuse towards Barbara Shifflett, including incidents of violence in late 1998 and early 1999. Despite a protective order, Zirkle assaulted Barbara when she returned home after spending the night with her sister. He threatened her, declaring a desire for revenge upon their breakup. Testimony from Lieutenant Daniel Comer indicated Zirkle admitted to calling Barbara between the murders, expressing his torment. Additionally, Ricky L. Dean, a jailmate of Zirkle, recounted Zirkle's threats to kill Barbara and their daughters if he could not have them. Forensic pathologist Frances Patricia Field conducted Christina's autopsy, noting multiple bruises on her body.
Christina sustained multiple injuries, including bruising on her back from blunt force trauma and a severe stab wound to her neck and chest, which penetrated approximately 2.75 inches deep and severed her spinal cord, leading to a rapid death. Dr. Field described the wound as a combination of stab and incised wounds, with irregular edges suggesting movement of the blade during the attack. Dr. William Massello performed an autopsy on Jessica Shifflett, revealing five stab wounds to her neck, two of which severely damaged major arteries and veins, causing significant external bleeding and rapid death. One less severe wound injured the thyroid gland but was not lethal. Jessica also had defensive wounds and skull bruises. Ronald J. Jackson, a fellow inmate, testified that Zirkle made threatening comments about the victims after his arrest, expressing a desire to have killed Jessica. Zirkle had a criminal history, including a conviction for armed robbery in 1988 and a guilty plea for marijuana possession in 1999. Zirkle's counsel argued that passion should not influence the death sentence, but the court found no evidence of passion, prejudice, or arbitrary factors impacting the sentencing decision.
Zirkle was consistently informed by the circuit court of his right to present evidence in mitigation, but he chose not to allow his attorneys to do so. The applicable test for determining the proportionality of his death sentence requires examining whether juries typically impose the death penalty for comparable crimes in the jurisdiction. Zirkle's counsel argued that their inability to present mitigating evidence hindered their ability to demonstrate that the death sentence was excessive or disproportionate. After reviewing all capital murder cases since the adoption of relevant statutes, the Court found Zirkle's death sentence to be neither excessive nor disproportionate compared to similar cases. Consequently, the Court declined to commute the sentence to life imprisonment and affirmed the circuit court's judgment.
