How Would George Zimmerman Case Play Out in Rhode Island?

In the wake of the George Zimmerman verdict, questions have been raised as to how this case would have played out in Rhode Island. Unlike Florida, Rhode Island is not a Stand Your Ground state. In Rhode Island, the doctrine of self defense permits the use of necessary force in order to repel an unlawful attack or threatened attack that presents an imminent risk of injury.

The critical components are:

(a) the unlawfulness of the attack or threatened attack, i.e. self defense is not available to a person who is the aggressor;
(b) that the defendant was actually in fear of injury (subjectively) and that the fear was reasonable (objectively);
(c) the degree of force reasonably required to repel the attack, i.e. excessive force is not excused by the self defense doctrine; and
(d) whether the defendant is entitled to repel the threat of force against him, i.e., whether the defendant had an obligation to try to avoid using force by retreating.

In Rhode Island, Zimmerman had an obligation to attempt to retreat before utilizing deadly force against Trayvon Martin. While retreat is not required when less then deadly force is used, it is required whenever a person uses a weapon capable of inflicting death or serious bodily injury. State v. Guillemet, 430 A.2d 1066 (R.I. 1981). There is no obligation to retreat from an attack in one’s home, regardless of whether the retreat is available but not if the victim also resides in the home. State v. Quarles, 504 A.2d 473 (R.I. 1986). If there is an obligation to retreat, it arises only if the defendant is consciously aware of an open, safe and available avenue of escape. State v. Rieger, 763 A.2d 997 (R.I. 2001).

So if George Zimmerman had been tried in a Rhode Island courtroom, doctrine of self defense would not have been available to him unless and until the jury considered his duty and obligation to retreat prior to the use of deadly force. If the jury believed that Zimmerman had the ability to retreat but did not do so prior to using deadly force, they may have reached a very different verdict in Rhode Island.
----------------------------------------------------------------------------------
If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

Rhode Island Personal Injury Involving Salmonella Outbreak

RI Criminal Defense Attorney's routinely handle cases involving personal injuries to clients through the negligence of others. The case below involves salmonella poisoning through a breakout stemming from contaminated pastries from a local bakery, death resulting.

Rhode Island Salmonella Outbreak has First Fatality; Sickened At Least 39 Others

Personal Injury Lawyers News
by Nicole Howley

Providence, RI — One person has died as a result of salmonella outbreak that already sickened dozens of people in Rhode Island. The exact source of the outbreak is still under investigation, but authorities reported that those who became sick said they had eaten a zeppole and/or baked good made at Johnston’s DeFusco’s Bakery, reported WPRI.

Just one day after the Rhode Island Health Department reported that at least 33 people were sickened as a result of the salmonella outbreak, the news of the first fatality was received.
By Tuesday afternoon, 39 people were affected and 24 of them were hospitalized with 21 being lab confirmed.

"An individual who died tested positive for salmonella associated with the outbreak," said Health Department spokeswoman Annemarie Beardsworth to WPRI.

The victim was identified as a Providence County man in his 80s. He tested positive for the same strain of salmonella associated with the outbreak, but it was not confirmed that the bacteria was the cause of his death. It is also unknown if the man consumed any pastries from the bakery.
Family members of the victim reported that the man had underlying health conditions when he passed away on March 23.

Health inspectors arrived at DeFusco’s, who closed voluntarily, and found pastry cream stored at unhealthy temperatures and baked shells packed in unsanitary boxes, which could have been possibly exposed to contaminated raw egg.

Beginning Tuesday, March 29, the public can contact HEALTH's Emergency Information Line for further information at 401-222-8022 which will be staffed Mon-Fri from 8:30 a.m. - 4:30 p.m.
 ----------------------------------------------------------------------------------
If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

RI Defendant in Shooting Crime Over a Cigarette Sentenced to 10 Years

A 25 year old RI man, Marques Wilson, was sentenced this week by Judge Charles H. Pelton for shooting a RI man in the chest over a cigarette. 

The victim is a 41 year old man who was sitting in his vehicle having a cigarette in the parking lot of the Genesis Medical Center in Davenport while waiting for his son, who was being treated in the hospital for an injury.

Wilson walked up to the victim and asked him for a cigarette. When the victim replied that he did not have another to share, Wilson tried to forcibly remove him from the vehicle, ultimately pulling out a gun and shooting him in the chest before fleeing the scene in a group of three vehicles that were later apprehended in Moline after a police chase.

The victims injuries, a gunshot wound to the mid-torso, were serious enough that he spent 6 days in the hospital and has not yet returned to work.

Wilson maintained that it was not proven that he was the actual shooter in the crime although the evidence proved differently, however the victim himself could not identify Wilson as the person who attacked him. The accused's mother also spoke out after the hearing stating that there was another person involved and that her son was innocent of the charges against him.

The second suspect, Johnny D. Angel IV, also of Rock Island, is scheduled for trial on the charge of being a felon in possession of a firearm on August 30, 2010 in the Rock Island County Circuit Court.

In the course of his trial, Wilson insisted that his other convictions for violent behavior not be taken into account for the charge involved in the shooting. Two weeks after the hospital shooting however, he stomped, kicked and punched a Liberian refugee, and along with another juvenile, stole a bike from the man. He was sentenced 24 months conditional discharge for pleading guilty to theft regarding the incident.

Judge Pelton and the jury had the option to sentence Wilson to up to 20 years in prison for the shooting crime. The fact that he only received 10 years was a testament to the fact that the Judge and jury in the matter felt he was young enough to change.


-----------------------------------------------------------------------------
If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.