State v. Silva, 010419 RISC, 2017-288-C.A.
| Opinion Judge | Gilbert V. Indeglia, Associate Justice |
| Party Name | State v. Joseph Silva. |
| Attorney | For State: Virginia M. McGinn Department of Attorney General For Defendant: Megan F. Jackson Office of the Public Defender |
| Judge Panel | Present: Suttell, C.J., Goldberg, Flaherty, Robinson, and Indeglia, JJ. |
| Case Date | January 04, 2019 |
| Court | Rhode Island Supreme Court |
Providence County P2/15-1636A Superior Court William E. Carnes, Jr. Associate Justice
For State: Virginia M. McGinn Department of Attorney General
For Defendant: Megan F. Jackson Office of the Public Defender
Present: Suttell, C.J., Goldberg, Flaherty, Robinson, and Indeglia, JJ.
OPINION
Gilbert V. Indeglia, Associate Justice
A jury in Providence County Superior Court found the defendant, Joseph Silva (Silva or defendant), guilty of reckless driving, in violation of G.L. 1956 § 31-27-4, which was count two of the original five counts of a criminal information brought against him. Following the jury verdict and the denial of the defendant's motion for a new trial, the trial justice sentenced him. The defendant filed his timely notice of appeal on May 17, 2017. This matter came before the Supreme Court on December 4, 2018, pursuant to an order directing the parties to appear and show cause why the issues raised on appeal should not be summarily decided. After reviewing their submitted memoranda, we are satisfied that cause has not been shown and further briefing or argument is therefore not required. For the reasons set forth herein, we affirm the judgment of conviction.
I
Facts and Travel
The events giving rise to this case occurred on November 13, 2014. There are two competing versions of what transpired on that day, both of which were presented at a four-day jury trial.1 Devin Smith (Smith) testified for the state that he left a restaurant that afternoon and was driving his mother's car eastbound on Putnam Pike in Smithfield, with three friends in the vehicle, when he approached a red light next to a vehicle, later identified as defendant's, in the lane to his left. Smith testified that defendant asked him, through their open car windows, if Smith "wanted to see a frog leap." Smith testified that he was unsure what defendant meant, but responded by saying, "Whatever, Buddy[.]" When the light turned green, both vehicles continued down the road, and, Smith testified, defendant began swerving into Smith's lane three or four times, forcing Smith to swerve into the far right portion of the roadway, until they eventually reached the traffic light at Esmond Street. Smith testified that, at that light, he came to a stop in the "left only" lane and defendant was in the right "straight only" lane, to Smith's right. Additionally, Smith testified that, when the light turned green, he attempted to turn left onto Esmond Street, at which time defendant also turned left from his straight-only lane and struck Smith's car in the rear-passenger side, causing Smith to drive over a mulched area and into a gas station parking lot.
Smith further testified that, as he drove to the exit of the gas station parking lot to pull back onto Putnam Pike, defendant again hit Smith's car, this time in the rear. Smith described that it was "not a bad hit" but "[j]ust, like, a tap." Smith also testified that, after he left the gas station, defendant followed him down Esmond Street and again hit the back of his car, this time at the intersection of Dean Avenue. Smith explained that, as he drove down Dean Avenue, he was in the right lane and defendant continued on the side of his car "trying to cut in front of [him] to slow [him] down." Smith testified that, at that point, defendant got out of his vehicle and "threw his hands up"; it looked to Smith as though defendant threw something at Smith's vehicle. Then, Smith explained, he put his car in reverse, drove home, told his mother what had happened, and called the police. Smith testified that his vehicle never struck defendant's vehicle. Finally, Smith testified regarding the details of the damage to his vehicle, and photographs depicting that damage were admitted into evidence.
The state called Aaron Mazzulla (Mazzulla) to testify next. Mazzulla was one of the three passengers in Smith's vehicle during the incident; he was sitting in the back seat behind Smith. Mazzulla's account of the events corroborated Smith's testimony. William Achille (Achille), the gas station clerk on duty that night, also testified for the state and described that, at around 5:00 p.m., he saw two vehicles speed through the parking lot, stop at the furthest exit, and then get back onto the road. Achille also testified that he did not hear or see any collision take place at the station; rather, he merely heard "[a] little bit of beeping."
The defendant also testified at trial. According to defendant, he was driving home from work when he stopped to pick up dinner for his children....
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