State v. Hampton-Boyd

• Decision Date: 28 June 2021
• Docket Number: No. 2019-100-C.A., P1/17-1770AG,2019-100-C.A.
• Citation: 253 A.3d 418
• Court: Rhode Island Supreme Court
• Parties: STATE v. Gregory HAMPTON-BOYD.

253 A.3d 418

STATE

v.Gregory HAMPTON-BOYD.

No. 2019-100-C.A.

P1/17-1770AG

Supreme Court of Rhode Island.

June 28, 2021

Virginia M. McGinn, Department of Attorney General, for State.

Brett V. Beaubien, Esq., for Defendant.

Present: Suttell, C.J., Goldberg, Robinson, Lynch Prata, and Long, JJ.

Justice Lynch Prata, for the Court.

This case came before the Supreme Court on May 5, 2021, on appeal by the defendant, Gregory Hampton-Boyd, from a judgment of conviction entered in the Superior Court following a jury verdict of guilty on one count of first-degree robbery, in violation of G.L. 1956 § 11-39-1(a) ; one count of discharging a firearm while committing a crime of violence, in violation of G.L. 1956 § 11-47-3.2(b) ; one count of possession of a firearm without a license, in violation of § 11-47-8(a); one count of possession of a firearm after being convicted of a crime of violence, in violation of § 11-47-5; and one count of assault with a dangerous weapon, in violation of G.L. 1956 § 11-5-2.

On appeal, the defendant argues that the trial court erred in refusing to instruct the jury on cross-racial identification and that the trial court's denial of his motion to dismiss the state's habitual offender notice violated his right to due process. For the reasons set forth in this opinion, we affirm the judgment of conviction.

Facts and Travel

The incident from which the charges arose took place in the early morning hours of April 8, 2017, after defendant and his friends Jason Aparicio and Jay¹ drove from Boston to Providence the prior evening and decided to visit the Masheratti Lounge, a hookah lounge and nightclub located at 334 Elmwood Avenue.² Aparicio testified that, before they went inside, Jay stashed drugs and a black and silver gun in the car. Aparicio also stated that defendant was carrying a small black firearm in his pocket when they entered the club.

Video surveillance from inside and outside the club showed defendant and Aparicio leaving the club at approximately 1:02 a.m. The same video showed the victim, Rafael Fernandez, leaving the club at approximately 1:05 a.m. Fernandez testified that he left alone and began walking to his vehicle, where a black man blocked him from opening the door and demanded his gold chain, taking out a small black gun and threatening to shoot him. When Fernandez refused to give up his chain, a struggle ensued: Fernandez hit his attacker in the face with a Johnny Walker bottle, which broke, and his attacker shot him three times before fleeing with his gold chain. Fernandez began to pursue the assailant, but after he heard gunshots behind him from another shooter in the parking lot across the street, he instead ran back into the club. Although he did not see the second shooter, Fernandez "believe[d] it was one of [the assailant's] friends."

A police officer on patrol in the immediate area, Lieutenant Joseph Dufault, heard the gunshots and called dispatch, broadcasting "shots fired[.]" He then followed a dark four-door sedan that fled the scene, ultimately losing the vehicle and calling in its last location. Patrolman Brian Muldoon, heading toward Lt. Dufault's location, saw a vehicle matching the lieutenant's description of a "small gray sedan" driving at a high speed with its lights off and pursued it, eventually heading down Union Avenue. As the car turned right onto Webster Avenue, Officer Muldoon saw a passenger jump from the moving vehicle. The officer later testified at trial that he observed that passenger, a black male in black clothing, drop a gold chain and a black and silver firearm, losing his right shoe as he rolled out of the vehicle.

While Officer Muldoon continued to pursue the vehicle, his partner Patrolman Peter Colt (who was following close behind Officer Muldoon's vehicle) stopped to pursue the suspect on foot but, upon seeing the firearm, necklace, and shoe, waited until detectives from the Bureau of Criminal Identification arrived to document the scene and seize the evidence. Officer Colt directed another police officer who arrived on the scene, Patrolman Erick Fernandez, down Elmdale Avenue in pursuit of the suspect, whom Officer Colt described as a "Hispanic male, darker skinned, dark clothing." Officer Fernandez apprehended defendant and arrested him. The defendant had been shot in the shoulder and was missing a shoe. The police were later directed to where the vehicle had been abandoned in a parking lot, the engine still running. Through the window they observed and recovered a small black firearm, partially covered by a black jacket on the passenger seat.

At Rhode Island Hospital, the victim Fernandez described those involved in the robbery only as a black man and a Puerto Rican man when he spoke with Detective Matthew Cute at around 2 a.m. on April 8. Around midafternoon that same day, Fernandez described his attacker as a black male, around 5 feet 10 inches tall, with a thin build, clean cut with a beard, and wearing a long gold chain with a Jesus head medallion.³ He also told police officers that he had been shot at by a second individual. On April 11, Fernandez was released from the hospital. After he returned home, an employee of the club sent Fernandez video from inside the club on the night of the assault, which showed defendant. On April 13, Fernandez went to the police station and was presented with two separate six-photograph arrays by a blind administrator. Fernandez identified defendant as the person who shot and robbed him, signing defendant's photograph in the photo array.⁴

Also on April 13, victim Fernandez gave a formal statement to the police, with the assistance of a translator, during which he was directed to write on the photograph of defendant how he recognized him and why he had signed that particular photograph. Fernandez wrote, in Spanish: "This is the person that shot at me on the night of 4/8/17 to rob me of a gold chain," stating that he was 100 percent sure. While giving his statement, Fernandez told the police that he had "obtained some photographs * * * from the club on that night" prior to coming in. He also stated that he was "not a hundred percent sure, but he thought that [his attacker] maybe had like a gold chain[,]" recalling the Jesus head medallion, which he remembered seeing on defendant inside the Masheratti Lounge, when prompted by the police about his prior statements.

On June 29, 2017, defendant was charged by indictment with first-degree robbery, conspiracy to commit robbery, discharging a firearm while committing a crime of violence, two counts of carrying a pistol without a license, possession of a firearm despite his prior conviction of a crime of violence, knowing possession of a stolen firearm, assault with a dangerous weapon, and being armed with a stolen firearm during the assault. On September 7, 2017, the state served notice on defendant that he would be subject to an additional sentence upon conviction as a habitual offender, based upon four prior convictions in Massachusetts.

Trial commenced approximately seven months later, at which point the state dismissed three of the charges against defendant, relating to conspiracy, knowing possession of a stolen firearm, and being armed with a stolen firearm during the assault. The defendant filed a motion to dismiss or preclude the state from pursuing its habitual offender notice against him, which the trial justice held was not ripe for determination until the jury rendered its verdict.

The trial lasted for seven days. When Fernandez testified, he made an in-court identification of defendant as the person who had shot and robbed him. The defendant did not challenge the in-court identification by Fernandez, nor did he challenge the out-of-court identification procedure. At the close of the case, defendant submitted a written request for a jury instruction on cross-racial eyewitness identification, as well as two binders of authorities and research in support of his request, arguing to the trial justice for its inclusion. The trial justice rejected the requested instruction, finding his own instruction regarding eyewitness identification sufficient. The instruction given to the jury read:

"Let me speak to you about eyewitness identification. Assessing the reliability of an eyewitness requires that you consider the totality of the circumstances surrounding the identification of the defendant.

"Some of the factors which you should consider include the opportunity that the witness had to observe the person, such as the distance between the witness and the person, the duration of the event, the lighting conditions, and any impairment that may have affected the witness's perception.

"You may consider the witness's state of mind, his degree of attention or distraction or stress during the encounter, the presence of a firearm, any ethnic or racial differences between the witness and the assailant, together with any evidence in the case which you believe may bear on the reliability of the witness's identification of the defendant.

"If there was a subsequent identification of the defendant by the witness, such as a photo line-up, you may consider the procedures utilized, as well as the length of time between the crime and the subsequent identification, along with the level of certainty expressed or demonstrated by the witness when he identified the defendant. Certainty may not always constitute accuracy." (Emphasis added.)

The jury returned its verdict, finding defendant guilty of first-degree robbery, assault with a dangerous weapon, discharge of a firearm during a crime of violence resulting in injury, and one charge of carrying a pistol without a license (as to the .380-caliber Ruger). Immediately afterwards, pursuant to a stipulation made prior to trial, the trial justice announced that defendant was also guilty of the unlawful possession of a firearm, having previously been convicted of a crime of violence. Subsequently, the trial justice heard and denied defendant's motion...