State v. Carvalho

892 A.2d 140, 2006 R.I. LEXIS 29, 2006 WL 537913
Supreme Court of Rhode Island·Decided March 7, 2006·No. 2004-363-C.A.·Published·Cited by 9 cases

Opinions

OPINION

Chief Justice WILLIAMS,

for the Court.

The defendant, James Carvalho (defendant), appeals from a Superior Court conviction for felony assault and eluding a police officer.

This case came before the Supreme Court for oral argument on December 12, 2005, pursuant to an order directing the parties to show cause why the issues raised in this appeal should not summarily be decided. After hearing the arguments and examining the record and the memo-randa that the parties filed, we are of the opinion that this appeal may be decided at this time, without further briefing or argument. For the reasons set forth below, we affirm the judgment of the Superior Court.

I

Facts and Travel

The incident in question occurred in the early morning of June 2, 2003. In the hours prior to the assault, defendant had completed a job in the Warwick area. At around 8 p.m., defendant parked his car in the parking lot of a Chinese restaurant. According to defendant, after a light snack at that restaurant, he walked around West Warwick for approximately three hours before returning to his car at around 11:30 p.m. He then proceeded to drive around West Warwick. No party disputes that defendant was driving erratically; according to defendant, he was lost and therefore drove at an inconsistent speed, and at one point may have driven the wrong way on a one-way street. Officer Jason Senerchia (Senerchia), a West Warwick patrolman who was off duty at the time and driving his own vehicle, began to follow defendant’s car, honking his horn and flashing his high beams.

What happened next is in dispute. According to Senerchia, defendant pulled into the parking lot of an auto body shop, and when Senerchia approached defendant’s car, defendant deliberately drove at Sen-erchia, who instinctively pushed himself [142] away from the path of the car with his foot and hands. The defendant denies the occurrence of this incident. The defendant does admit to pulling into a second parking lot, that of Tomaselli’s Grill and Bar (To-maselli’s), upon realizing he was being pursued by at least one police car. In the parking lot of Tomaselli’s, Senerchia and two other West Warwick police officers arrested defendant. The defendant was charged by an information with assault with a dangerous weapon — here, an automobile — and eluding a police officer.

On February 17, 2004, before the trial began, defendant made a motion in li-mine for an order prohibiting the state, in relevant part, from making any reference to evidence regarding defendant’s demeanor on the night in question that might point to intoxication. In a hearing on the motion in limine, counsel for defendant argued that the probative value of the officers’ observations regarding possible intoxication was outweighed by its potential to unfairly prejudice defendant. In his ruling, the trial justice excluded the following evidence: defendant’s appearance, any odor of alcohol, watery or glassy eyes, unsteadiness on his feet, an arresting officer’s observation that defendant appeared intoxicated and that his eyes were very bloodshot, that he tripped on his words, and that he had a strong odor of alcohol on his breath. However, the trial justice qualified this ruling with the following warning: “[I]f the defendant takes the stand, depending on what he testifies to, he may very well open the door to those other matters coming in[to] evidence on rebuttal.” (Emphasis added.)

Trial was held before a jury on February 18 and 19, 2004. The main issue at trial was determining what exactly took place on the early morning of June 2, 2003, during the period immediately preceding defendant’s arrest. The defendant and the state each presented a differing picture of the relevant events. Put simply, the arresting officer drew a portrait of a belligerent man who endangered other drivers and assaulted an officer of the law, while defendant painted himself as an outsider to Rhode Island who, after a long day of work, found himself lost as he tried to navigate a series of confusing one-way streets, and panicked when a car following him began flashing its lights and honking its horn.

At trial, Senerchia testified that he observed a silver-gray Toyota driving the wrong way on a one-way street in West Warwick. Senerchia was off duty at the time, having just completed his shift at midnight, and he was driving home in his police uniform in his personal vehicle. Senerchia’s “concerní] for public safety” led him to follow defendant’s vehicle “a couple car lengths” behind, honking his horn and flashing his lights to try to get the vehicle to pull over. The vehicle eventually pulled into the parking lot of an auto body shop. Senerchia exited his vehicle and approached . .the silver-gray Toyota he had been following; according to Senerc-hia’s testimony, he then used his flashlight to illuminate his uniform and “yelled out ‘Police. Stop. Turn your engine off now.’ ” Senerchia testified that defendant then “lurched forward” and tried to hit him with the car as he drove away.

Senerchia radioed for assistance while continuing to follow defendant’s vehicle. The defendant was finally apprehended when he pulled into the parking lot of a restaurant; marked police vehicles pulled into the parking lot as well. Two other West Warwick officers who assisted in the arrest also testified at the trial. Officer Anthony Rozzero (Rozzero), one of the other officers dispatched to help arrest defendant, testified that defendant was “very belligerent.” Another officer, John [143] Malloy (Malloy), testified that he was on overnight duty at the time in question, was called to the scene by Senerchia, and responded to Tomaselli’s on Providence Street. According to Malloy, he helped Senerchia handcuff defendant, who was “shouting” and “somewhat uncooperative.” Malloy testified that defendant told him he was aware that Senerchia was a police officer, but refused to stop his vehicle anyway. On cross-examination, Malloy said that Senerchia’s car had no emergency lights, siren, or flashing grille lights. Mal-loy said he took a photograph of defendant’s car showing a “dent and smudge mark” on the passenger side door. Malloy could not identify precisely when or how the mark on defendant’s car had been made, but said the scuff “appeared to be from a foot” and it “appeared fresh.” The photograph was entered into evidence as a full exhibit.

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State v. Carvalho, 892 A.2d 140, 2006 R.I. LEXIS 29, 2006 WL 537913 (R.I. 2006).

892 A.2d 140 (State v. Carvalho) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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