State v. Price

• Decision Date: 10 February 1998
• Docket Number: No. 95-471-C,95-471-C
• Parties: STATE v. Craig C. PRICE. A.
• Court: Rhode Island Supreme Court

Page 929

706 A.2d 929

STATE v. Craig C. PRICE.

No. 95-471-C.A.

Supreme Court of Rhode Island.

Feb. 10, 1998.

Robert B. Mann, Providence, for Plaintiff.

Andrea J. Mendes, Aaron L. Weisman, Providence, for Defendant.

Before WEISBERGER, C.J., and LEDERBERG, BOURCIER, FLANDERS and GOLDBERG, JJ.

OPINION

GOLDBERG, Justice.

This case comes before us on the appeal of Craig C. Price (defendant) from his judgments of conviction following a jury trial in Providence Superior Court on charges of simple assault and extortion. The defendant contends that the trial justice erred in numerous respects and that as a consequence his convictions, specifically his conviction on the charge of extortion, should be reversed. For the reasons stated below, we hold that the trial justice committed no reversible error and affirm the judgments of conviction. The facts of this case are as follows. Additional facts will be supplied insofar as they are pertinent to each issue raised on appeal.

At the time of the incident giving rise to this indictment, Mark Petrella (Petrella) was employed as a juvenile program worker (JPW) at the Rhode Island Training School. Testimony elicited at trial indicated that on the evening of October 1, 1993, Petrella and another JPW, Darrin Lucas (Lucas), were assigned to supervise residents at the school's program building, which serves as a recreational facility for the school's residents during the evening hours. The defendant, an inmate at the Training School Youth Correctional Center (YCC) at this time, was one of the residents present at the program building that evening. At approximately 9:00 p.m., Petrella escorted defendant and another resident back to the YCC where normal procedure requires that a member of the YCC staff conduct a strip-search of the resident. Petrella was informed, however, that the YCC was short staffed that evening and that as a result he would have to conduct the strip-search of the two youths himself. During the search of defendant, Petrella discovered and confiscated four cigarettes and a lighter that defendant had obtained at the program building and secreted on his person. Petrella claimed that defendant appeared nervous and asked if he would be disciplined. Petrella further testified that he told defendant that he was required to report the incident stating, "You did what you have to do and now I have to do what I have to do."

The defendant then dressed and entered the dayroom. Petrella proceeded to the control room to compose a discipline report and an unusual-incident report regarding his discovery of the contraband on defendant. Pursuant to Training School policy, copies of the incident report are forwarded to the shift coordinator and the building manager, and a copy of the discipline report is presented to the resident. Petrella testified that upon completing the reports, he entered the dayroom where two other JPWs, Antwyon Carter (Carter) and Robert Paci (Paci), had been assigned and showed Carter the discipline report. Carter then called to defendant, who came forward and received the report. Petrella testified that upon reading the report, defendant became extremely agitated and began ranting and raving, swearing at Petrella, and stating: "I'm going to have you snuffed out. If you ever come up here, you'll be mine. You'd better take some advice from me, don't ever come up and work here."

During the course of defendant's outburst, Carter stood between defendant and Petrella, restraining defendant and trying to calm him down. Two other JPWs, Lucas and Stephen Shears, also observed the incident. These witnesses disagreed concerning whether defendant actually threatened to "snuff out" Petrella, but most did concur that defendant was extremely agitated and annoyed. In an attempt to diffuse the situation, Carter and Paci suggested that Petrella leave the scene. Petrella complied and returned to the control room where he composed additional discipline and unusual-incident reports regarding defendant's outburst. Thereafter Petrella discussed the incident with his shift coordinator and another superior at the Training School. Petrella never attempted to contact the police.

A disciplinary board at the Training School met the next day to discuss the incidents of the previous evening involving defendant. Disciplinary boards are composed of a cottage manager, who serves as chairman, a staff member, and a resident, and are generally convened to handle internal disciplinary matters stemming from infractions of Training School rules or regulations. Brian Terry (Terry), a cottage manager for the Training School and the chairman of defendant's disciplinary board, testified that if a resident is charged with more than one infraction arising from the same incident or incidents occurring in a short period of time, only the charge carrying the stiffer penalty will be considered for purposes of discipline. In this instance, the first charge, "possession of contraband," carried a penalty of a five-day lockup whereas the second charge, "words, threats or gestures intended to provoke the staff," carried a penalty of a two-day lockup. Accordingly defendant was charged only with "possession of contraband."

Terry stated that at the hearing defendant admitted to the offense, offered an explanation, and testified as follows: defendant had acquired the cigarettes and lighter at the program building; Petrella knew about the contraband because he had approached defendant at the program building, asked him what was going on, and stated that he did not care what defendant brought back to the YCC as long as it was not drugs; defendant admitted to Petrella that he had the contraband; Petrella became concerned upon learning that he himself would have to perform the strip-search of defendant and told him that he would have to take the cigarettes and write a disciplinary report because Petrella was still on probationary status; defendant became angry when given the report and said some things to Petrella that he "shouldn't have said." After weighing defendant's admission, reports of his recent good behavior, and the maximum penalty for the infraction, the board chairman imposed a penalty of a two-day lockup.

On October 21, 1993, a Family Court trial justice conducted a review of defendant's case on ancillary matters. At that time a representative from the Attorney General's office advised the court of its concerns regarding the incident with Petrella. The trial justice requested that the State Police investigate the matter. He also ordered the Training School to notify the Attorney General's office and the Public Defender's office of any activity that might be of a criminal nature so that an investigation could be conducted to determine if any crimes had been committed.

On October 22, 1993, the State Police contacted Petrella and later met with him at the Training School; they would meet with Petrella on three to six more occasions. The State Police also interviewed other Training School staff members regarding the October 1, 1993 incident. This information was then submitted to members of the Attorney General's office who in turn presented it to the Grand Jury. On June 8, 1994, the Grand Jury returned an indictment charging defendant with one count of simple assault and one count of extortion.

A jury trial was scheduled for October 3, 1994, in Providence County Superior Court. Immediately prior to trial defendant moved to dismiss the indictment, alleging selective prosecution by the Attorney General. The trial justice conducted an evidentiary hearing on the motion in which defendant presented the testimony of a Training School cottage manager who stated that he could not recall any other resident who had previously been indicted or informed against for making threats to a Training School staff member. The defendant attempted to call the Attorney General himself to testify, anticipating that he would acknowledge that he was prosecuting defendant simply because he was dissatisfied with the sentence defendant had received for his prior offenses. The trial justice refused to require the Attorney General to testify. The defendant offered no further evidence in support of his motion, nor did the state offer any additional evidence in response. The trial justice then denied the motion to dismiss, and the trial commenced. At the close of the state's evidence, defendant moved for judgments of acquittal, arguing that the state had failed to present sufficient evidence to establish beyond a reasonable doubt the elements of either offense. The trial justice denied these motions as well.

The defendant then presented his case and eventually took the stand in his own defense. He acknowledged that he had been at the program building on the evening of October 1, 1993, and admitted that he had obtained the cigarettes and lighter, intending to bring them back to the YCC. The defendant stated that he was not worried about getting caught because Petrella had a reputation for letting the residents smoke. The defendant further testified that upon learning he would be responsible for the strip-search, Petrella told defendant that he would have to confiscate the cigarettes from him because the YCC had strict rules on contraband and if defendant were later caught with the cigarettes, it would jeopardize Petrella's future during his probationary status. The defendant maintained, however, that Petrella agreed not to write a disciplinary report on the matter. The defendant testified that he was upset when Petrella later presented him with the discipline report and admitted yelling at Petrella but claimed the intent was to expose Petrella as a hypocrite. The defendant denied that he ever threatened to kill or "snuff out" Petrella.

On October 7, 1994, the jury returned a verdict of guilty on both counts. The defendant filed a motion for a new trial that was summarily denied. The defendant appeals from his...