State v. Rafael Ferrer

92 A.3d 138, 2014 WL 2442078, 2014 R.I. LEXIS 72
CourtSupreme Court of Rhode Island
DecidedMay 30, 2014
Docket2012-238-C.A.
StatusPublished
Cited by2 cases

This text of 92 A.3d 138 (State v. Rafael Ferrer) 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. Rafael Ferrer, 92 A.3d 138, 2014 WL 2442078, 2014 R.I. LEXIS 72 (R.I. 2014).

Opinion

OPINION

Justice ROBINSON, for the Court.

The defendant, Rafael Ferrer, was convicted by a jury on one count of carrying a pistol without a license and one count of possession of a firearm by a person previously convicted of a crime of violence. He has appealed from that conviction. This case came before the Supreme Court pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After a close review of the record and careful consideration of the parties’ arguments (both written and oral), we are satisfied that cause has not been shown and that this appeal may be decided at this time. For the reasons set forth in this opinion, we affirm the Superior Court’s judgment of conviction.

I

Facts and Travel

On January 20, 2011, the State of Rhode Island filed a criminal information charging defendant with one count of carrying a pistol without a license in violation of G.L. 1956 § 11-47-8(a) (Count One) and one count of possession of a firearm by a person previously convicted of a crime of violence in violation of § 11-47-5 (Count Two). 1

Prior to trial, defendant stipulated that he had been previously convicted of a crime that satisfied the predicate offense element set forth in § 11-47-5. So that the jury would not learn of that criminal history, defendant agreed that, if he was convicted on Count One, he would “automatically be adjudged convicted” on Count Two. Accordingly, a jury trial was held on Count One in October and November of 2011. We summarize below the salient aspects of what occurred at trial.

A

The Testimony of Trooper Brent Pereira

Massachusetts State Police Trooper Brent Pereira testified at trial. It was Trooper Pereira’s testimony that he was *140 working on the evening of September 12 and the early morning hours of September 13, 2010 as part of a construction detail on Interstate 195 in Seekonk, Massachusetts. He testified that he left the construction detail and began following a “dark-colored green Toyota Rav4” in a westerly direction on Interstate 195; he did so after receiving a radio message advising him to be on the lookout for a dark-colored sport-utility vehicle (SUV) that was possibly traveling towards Providence. He further testified that that radio message also informed him that the SUV had multiple occupants (“most likely three”), who were described as being dark-skinned Hispanic males. It was his testimony that, while following the SUV, he drove his police cruiser alongside the right side and then the left side of the SUV and that he illuminated the interior of the SUV with his “cruiser-mounted spotlight” from both sides in order to observe the occupants; he added that he observed a female driver and three male occupants, who appeared to him to be dark-skinned. According to Trooper Per-eira’s testimony, he decided to continue to follow the SUV as it drove into Rhode Island so that he could conduct a motor vehicle stop when “backup” became available; he learned that there would be “backup” available on the right side of westbound Interstate 195 just before the Iway Bridge.

Trooper Pereira testified that, as he approached the bridge, he saw that there were other state police cruisers occupying the breakdown lane as well as the right travel lane just before the beginning of the bridge; he stated that the cruisers had their overhead red and blue emergency lights activated. Trooper Pereira added that he turned on his emergency lights to signal the SUV to pull over. He testified that the SUV drove past the other police cruisers and came to a stop in front of them; he added that the guardrail on the right side of the bridge was approximately three or four feet from the passenger’s side of the vehicle. Trooper Pereira further testified that he stopped his cruiser at a point between ten and fifteen feet behind the SUV. According to his testimony, there were overhead lights on the bridge, and he had his headlights, searchlight, and “take-down” lights (bright white lights located on the light bar on top of the cruiser) fixed on the back of the SUV. He answered in the affirmative when asked on direct examination whether he could “clearly see into the rear of that vehicle,” and he stated that he observed two black males in the backseat of the SUV. Trooper Pereira also stated: “I opened my cruiser door and I stepped half way out and I got onto my PA system.” According to his testimony, he then saw that the passenger in the right rear seat of the SUV had moved slightly to the side and extended most of his arm out of the right rear window. He further testified that he observed a “grayish metallic object released from [that] arm and go over the guardrail.” It was Trooper Per-eira’s testimony that he turned and mentioned to a Rhode Island trooper that he had seen one of the passengers throw something over the guardrail; he added that troopers then searched the area below the bridge.

Trooper Pereira testified that he then proceeded to instruct the occupants of the SUV to place their hands on the ceiling while remaining inside of the SUV. He further testified that he instructed the right rear passenger to extend his arm outside of the door through the window and to open the door from the outside, walk to the trooper’s location, and assume a kneeling position; he added that, after the right rear passenger complied, he asked the man his name and was informed that it was Rafael Ferrer. At trial, he identified defendant as the right rear pas *141 senger of the SUV. Trooper Pereira stated that, after all four occupants of the SUV were in custody, another trooper directed his attention to the area below the bridge to the right side of where the SUV was stopped. He stated that he observed a firearm on an abutment approximately twenty to twenty-five feet down.

B

The Testimony of Trooper Daniel Hernandez

Rhode Island State Police Trooper Daniel Hernandez testified next. Trooper Hernandez testified that, shortly after 12 a.m. on September 13, 2010, he responded to the Iway Bridge to assist a Massachusetts State Trooper, whom he identified as being Trooper Pereira, in connection with a motor vehicle stop. Trooper Hernandez testified that, when he arrived at the Iway Bridge, Trooper Pereira’s cruiser was parked behind a dark-colored SUV in the breakdown lane and that he was outside of his car, giving instructions to the right rear passenger of the SUV to slowly exit the vehicle. At trial, Trooper Hernandez identified defendant as the right rear passenger.

Trooper Hernandez testified that he then spoke to Trooper Pereira, who informed him that he had “observed the occupant throw something out of the vehicle and it went over the side of the bridge.” Trooper Hernandez stated that he went “down around to the intersection of Toekwotton Street and South Water Street” in order to investigate the area that was below the bridge and perpendicular to the passenger’s side of the SUV. In response to being asked why he focused on that area, he stated:

“Because it was below the vehicle. Lined up. It made sense. If something was thrown from a vehicle, it would — it could — likelihood that it would land there.”

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Related

State v. John Benoit
138 A.3d 805 (Supreme Court of Rhode Island, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
92 A.3d 138, 2014 WL 2442078, 2014 R.I. LEXIS 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rafael-ferrer-ri-2014.