Over 24 Years to Serve for Road Rage Incident against Uber Driver; Commonwealth v. David Arthur Costa

Tuesday, February 27, 2018

Colin D. Stolle, Commonwealth's Attorney for the city of Virginia Beach, announced today that David Arthur Costa, 43 years old, of the 100 block of Gliden Road in Hobbsville, North Carolina, was sentenced for Aggravated Malicious Wounding and Malicious Wounding.  Costa was found guilty by Circuit Court Judge James C. Lewis after a trial on September 26, 2017.  Today Judge Lewis sentenced Costa to 65 years in prison with 40 years and 8 months suspended, leaving 24 years and 4 months to serve.  This sentence was at the high-end of the Virginia State Sentencing Guidelines.  Before pronouncing his sentence, Judge Lewis stated that Costa was a "menace to society" and that the sentence would "remove him from it." Costa must also pay restitution in the amount of over $15,000 for the victim's medical bills and $9,000 for the victim's lost wages.

The Commonwealth's evidence proved that at about 11:30 p.m. on April 8, 2017, the victim was working as an Uber driver, entering I-264 Westbound at the oceanfront.  He unintentionally began tailgating a car driven by Jennifer Costa, with her husband, David Costa, in the passenger seat.  The victim was able to pass the Costa's vehicle, but the Costas began following him, tailgating him, and repeatedly flashing their high-beams at him.  The victim took the first exit ramp he came upon at First Colonial Road and stopped for a red light.  

The Costas stopped behind him.  David Costa jumped out of the car, opened the victim's driver's side door, and began yelling at him.  David Costa began physically attacking him, and the victim leaned back in his seat to avoid David's blows.  The victim was stabbed in the chest and hit in his right hand during the attack. The victim was able to retrieve a knife from his car, and David fled back to the Costa's vehicle.  The victim left the knife behind, but began yelling at the Costas.  Jennifer Costa then accelerated and hit the victim with her car.  She then reversed, struck the victim's car, and, at the urging of her husband, tried to hit the victim a second time.  The Costas then fled back onto the interstate.  The victim took a picture of their license plate.  He realized he was bleeding from the chest, so he pulled off the roadway and called police. 

Virginia Beach police officers found David and Jennifer near the vehicle's registered address later that night.  The victim survived the attack but has permanent injury to his legs from being struck by the Costa's car and a scar on his chest from the stab wound.

Jennifer Costa is scheduled to be sentenced for Malicious Wounding on March 28, 2018.

Costa's criminal record dates back to age 10.  He has nine (9) adjudications for crimes in juvenile court.  As an adult, he has convictions for Assault (2 counts), Brandishing a Firearm, Concealed Weapon, Contributing to the Delinquency of a Minor, Destruction of Property, Grand Larceny, Resisting Arrest, Reckless Driving, Failure to Appear, Possession of Firearm by a Convicted Felon, Receiving Stolen Goods (2 counts), Burglary, Conspiracy to Commit Burglary, Possession of Burglary Tools, Trespassing, multiple convictions for Driving on a Suspended License, and multiple violations of probation. 

Assistant Commonwealth's Attorney Scott M. Lang prosecuted this case. Please contact Macie Allen if additional information is desired.