State v. McWilliams

47 A.3d 251, 2012 WL 2849574, 2012 R.I. LEXIS 111
CourtSupreme Court of Rhode Island
DecidedJuly 5, 2012
DocketNos. 2009-379-C.A. and 2010-148-C.A
StatusPublished
Cited by9 cases

This text of 47 A.3d 251 (State v. McWilliams) 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. McWilliams, 47 A.3d 251, 2012 WL 2849574, 2012 R.I. LEXIS 111 (R.I. 2012).

Opinion

OPINION

Justice FLAHERTY,

for the Court.

On May 12, 2009, the defendant, Raymond McWilliams, was found guilty on one count of first-degree robbery and one count of assault with a dangerous weapon in a dwelling. In light of the defendant’s impressive criminal history, the trial justice sentenced him to life in prison for first-degree robbery, to be served consecutively to eleven-and-one-half years that previously had been executed because he was a violator of probation on a previously imposed sentence on a prior second-degree murder conviction. The defendant also was sentenced to life in prison for the conviction for assault with a dangerous weapon in a dwelling, to be served concurrently to the sentence imposed for the robbery and consecutively to the previously imposed sentence for murder. Because he qualified as a habitual offender under [254]*254G.L.1956 § 12-19-21,1 the trial justice imposed an additional ten years imprisonment to run consecutively to the previously imposed sentences.

Before this Court, defendant asserts that the trial justice erred by: (1) providing a supplemental jury instruction that contradicted Rhode Island law; (2) refusing to recuse from presiding as the trial justice because of comments he had made during a joint probation-violation hearing and bail hearing; (3) admitting into evidence defendant’s prior conviction for second-degree murder; (4) denying his motion for acquittal; and (5) denying his motion for a new trial.

Because we are of the opinion that defendant’s arguments are without merit, we affirm the judgment of the Superior Court.

Facts and Travel

On Friday July 4, 2008, Erica Boutelle was upstairs at her North Kingstown home playing on the floor with her ten-month-old baby when the bedroom door was flung open. At the door stood a man holding a box cutter in his hand with the blade open and pointing out toward Erica and her baby. The intruder entered the room and started to walk toward the terrified Erica and the baby, warning her not to scream, because he “just want[ed] [her] car.”

Erica began to cry; she begged the man not to harm her or her child; he simply told her that he “just want[ed] [her] keys.” At first the man threatened to tie up Erica and the baby, but she persuaded him not to do so. Erica directed him to where the keys were located, but when he had trouble finding them, she went downstairs, with the baby in her arms, and showed him where the keys were so that he would leave the house. The quick-thinking young mother then followed the man outside and asked him if she could remove the baby’s car seat and stroller from the vehicle. The man agreed that she could do so, and after she had retrieved the items, the man drove off.

Erica then returned to the house, locked the door, and called 911. The intruder was determined to be defendant soon thereafter, thanks to Erica’s observations and a telephone call from defendant’s father, who had read about the incident in the paper and who had indicated to law enforcement that he suspected that his son was involved. After reviewing a photo array displayed by the police, Erica identified defendant as the man who had entered her house on July 4.

On July 6, defendant was arrested, arraigned on a criminal complaint, and presented as a probation violator in accordance with Rule 32(f) of the Superior Court Rules of Criminal Procedure.2 Soon thereafter, he was charged by indictment with one count of first-degree robbery and one count of assault with a dangerous [255]*255weapon from the incident that took place on July 4.

The defendant’s father, Harold McWil-liams testified that his son repeatedly had asked him to rent a car for him in the days preceding July 4, 2008. He said that on the morning of July 4, after he again refused to rent a car for his son, defendant became “irate,” left the house, and started walking down the road. The defendant’s father stated that, after he read an article in the newspaper about the incident that had occurred at Ms. Boutelle’s house and the description of the suspect, he decided to “turn [his] son in.”

One of defendant’s friends, Kevin Dutra, testified that in July 2008 he lived on West Shore Road in Warwick, across the street from the Elks Club. Dutra said that he had known defendant for approximately a year and that he received a call from him on the night of July 6. Dutra testified that defendant arrived at his house driving a Ford Explorer that same night and asked him if he could dispose of some garbage. Dutra said that the next morning the police came to his house and he told them that after defendant left, he watched him drive to the Elks Club across the street.

The Warwick police discovered Ms. Bou-telle’s vehicle3 in the early morning hours of July 7. The vehicle was sitting in plain view in the Elks Club parking lot; its keys were found discarded in the vicinity of the vehicle. The Elks Club is approximately fifteen miles from Ms. Boutelle’s home. The police also examined the trash bag that defendant had left with Dutra. In it, they found items that had been removed from the glove box of the Boutelle vehicle, including an insurance card, the registration, and a temporary license receipt belonging to Erica Boutelle.

A justice of the Superior Court presided over a joint probation-violation and bail hearing that was conducted on September 17, 2008. At the hearing, Erica Boutelle testified about the events that occurred on July 4, 2008.4 A North Kingstown police detective also testified to defendant’s admission of certain of the details of his crime. After hearing testimony from both witnesses, the justice, in response to a comment counsel had made, asked defense counsel whether he was waiving his request for bail for his client. Defense counsel replied that he would prefer bail for his client, but that under the circumstances of the case he asked that the court use its discretion. After hearing from counsel, the justice decided to hold defendant without bail. He also found defendant to be a violator of his probation.

About one month before trial, defendant moved to recuse the justice from presiding over the trial. The defendant’s motion was predicated on comments that were made by the justice during the joint probation-violation and bail hearing. Defense counsel contended that the “same identical, factual situation” would come before the court again in front of a jury. Counsel argued that, although the case would be decided by a jury, he nonetheless did not believe that the justice could fairly consider a motion for a new trial in the event of a conviction. As a foundation for this assertion, defendant argued that the justice had made certain findings at the joint proba[256]*256tion-violation and bail hearing, including that the complaining witness was “extremely credible.” In response, the justice clarified that his findings after the bail hearing were based on the evidence that had been presented at that time, and that they were not founded on any bias that he bore toward defendant nor any preconceived ideas he had about the case. As a result, the justice denied the motion.

On May 12, 2009, defendant was brought to trial before a jury on charges of first-degree robbery and assault with a dangerous weapon. He testified in his own defense and explained that he brought the box cutter with him because he originally intended to “hotwire” a car.5

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Cite This Page — Counsel Stack

Bluebook (online)
47 A.3d 251, 2012 WL 2849574, 2012 R.I. LEXIS 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcwilliams-ri-2012.