State v. Lassiter

836 A.2d 1096, 2003 R.I. LEXIS 226, 2003 WL 22964875
CourtSupreme Court of Rhode Island
DecidedDecember 18, 2003
Docket99-434-C.A.
StatusPublished
Cited by26 cases

This text of 836 A.2d 1096 (State v. Lassiter) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Lassiter, 836 A.2d 1096, 2003 R.I. LEXIS 226, 2003 WL 22964875 (R.I. 2003).

Opinions

OPINION

GOLDBERG, Justice.

In this appeal, the defendant, Troy Las-siter (Lassiter or defendant), asks this Court to set aside his 1998 murder, conspiracy, and assault convictions based upon erroneous evidentiary rulings and order a new trial so he may introduce newly discovered evidence to support his contention that he did not commit those crimes.

Facts and Travel

Shortly before midnight on July 18, 1996, David Andrews (Andrews) and his cousin, Andre “Bucky” Williams (Williams), were walking along West Clifford Street in an area known as “Clown-town” in Providence. As they proceeded down the street, Williams noticed a car idling at a stoplight. Concerned, Williams asked his cousin whether he knew “who that car was[.]” Andrews replied, “It ain’t nobody; don’t worry about it.” His cousin’s assurances notwithstanding, Williams continued “looking back” over his shoulder. As the vehicle slowly approached, Williams, who was standing in the street closest to the vehicle, turned to face the car. The vehicle stopped and one of the occupants shouted “[wjhats up now, mother [expletive]?” According to Williams, two guns appeared from the car windows: one from the front passenger side and the other from the rear. Almost immediately, “a lot” of “shots” were fired. Williams and Andrews dove for cover in an adjacent lot that was overgrown with high grass. When the shooting stopped, Andrews jumped up and began to run, but soon collapsed from a gunshot wound to the chest. After observing the vehicle drive away, Williams ran to where his cousin lay dying.

Detective Glen Cassidy (Det. Cassidy) of the Providence Police Department was the first officer to arrive. Williams told Det. Cassidy that he and Andrews had been fired upon by individuals driving in a maroon-colored car; he did not identify the assailants.

Approximately two hours after the shooting, Williams gave a formal statement to Detective Stephen Springer (Det. Springer) of the Providence Police Department. Williams told Det. Springer that he “tried to look into the car to see who was in it, but all [he saw] was fire * * Although he believed that there were four people in the car, Williams said that he was unable to identify them. He described the car as cranberry in color, with a gray bottom, believing it to be a Ford Taurus.

On the next Monday, Williams returned to the Providence police station and changed his original statement. He told Detective Robert Muir (Det. Muir), “I know who was in the car. I been knowed who was in the car. I was afraid to tell you the night it happened.” According to Williams, “my grandmother wanted me to go down there and tell [who was in the car].” He identified three of the subjects as Lassiter, Derick Hazard (Hazard), and [1100]*1100David Roberts (Roberts),1 but he was unable to identify the driver. Williams said that Hazard and Lassiter were the trigger men, that Hazard sat in the front passenger seat and Lassiter sat behind him. He described Lassiter’s gun as “louder,” with “more fire coming out of it.” Williams then identified Lassiter, Hazard, and Roberts from a set of photographs shown to him by Det. Muir. Because Williams provided inconsistent statements to the police, the reliability of his eyewitness testimony became the central issue at trial.

The defendant, along with Hazard and Roberts, was charged with first-degree murder of Andrews, conspiracy to murder Andrews, assault with intent to murder Williams, and conspiracy to assault Williams with intent to murder. Lassiter’s case was severed from that of his codefen-dants and he proceeded to trial in September 1998.2 The jury failed to reach a verdict and a mistrial was declared.

Lassiter was retried before a second jury on November 4, 1998. Besides Williams and the police witnesses, the state presented several witnesses to support its case. William Williams (Bill Bill) testified that he, Andrews, and Williams were together the evening of the murder. Bill Bill said that just before the shooting, he left Andrews and Williams at the corner of Lockwood and West Clifford Streets and started back toward his home a few blocks away. As he walked, he noticed a cranberry Taurus drive past him and turn onto West Clifford Street. A few moments later, he heard gunshots and ran outside to find Andrews collapsed and bleeding.

Detective Robert Badessa (Det. Bades-sa) also testified for the state. He stated that he was dispatched to the scene the night of the murder and recovered spent cartridge casings on the ground at the corner of West Clifford and Pearl Streets. Four of the cartridge casings were from a .22-caliber gun, and four were from a .45-caliber gun. He also discovered a shell jacket from a .45-caliber bullet. Detective Badessa testified that a .45-caliber weapon would have a much louder report than a .22-caliber weapon and that the difference would be discernible to the average person. Detective Badessa thought that the two bullet wounds Andrews suffered probably were caused by a .45-caliber firearm because of the size of the bullet wounds.

Wraina Dale (Wraina), Andrews’s girlfriend of two years and the mother of his child, testified over defense objection that although there were no problems between Andrews and defendant, “problems” existed between “the Lockwood” section of Providence, the decedent’s neighborhood, and “the Lassiters.” She also testified, again over defense objection, to statements purportedly made by Andrews before his death that implicated Lassiter’s codefen-dants in previous criminal acts, but not Lassiter. In one series of statements two weeks before the murder, Andrews described being shot at by four individuals, including Hazard, Dennis Marrow, [1101]*1101“Darky,” and Lamont Lee. Additionally, Wraina recounted a discussion with Andrews “a long time before then” that he was “stuck * * * up” by Roberts, who stole his bike and money.

The state’s chief medical examiner, Elizabeth Laposata, M.D. (Dr. Laposata), testified to an autopsy she performed on Andrews. She said that Andrews had two gunshot wounds to his body, possibly resulting from the same bullet. The fatal wound traveled through his chest, including his lungs and heart, causing Andrews to bleed to death. Doctor Laposata also said that it was possible for Andrews to have suffered the chest wound and to have continued running some distance before collapsing from his injuries. She testified that the chest wound was the result of large-caliber bullet, either a .88 or a .45.

The defendant maintained throughout trial that Williams mistakenly identified him as one of the assailants in the vehicle. Lassiter presented the defense of alibi, supported by one witness, his aunt Bernita Ann Wilkins (Wilkins), who testified that Lassiter was at her house from 10 p.m. to 10:50 p.m. and 11:05 p.m. to midnight on the night of the murder. At 10:50 p.m., Lassiter left her house to buy alcoholic beverages, returning some fifteen minutes later with a six-pack of beer. According to Wilkins, Lassiter was with her at her home at the time the shooting took place.

At the close of the state’s case, Lassi-ter’s motion for a judgment of acquittal was denied. The jury rejected Lassiter’s alibi testimony and found Lassiter guilty of murder, conspiracy to commit murder, and assault with intent to murder Williams.3 Lassiter subsequently filed a motion for a new trial, which was denied on December 4,1998.

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Cite This Page — Counsel Stack

Bluebook (online)
836 A.2d 1096, 2003 R.I. LEXIS 226, 2003 WL 22964875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lassiter-ri-2003.