Aaron L. Weisman , Department of Attorney General, for State.
Paula Rosin , Office of the Public Defender, for Defendant.
Present: Suttell, C.J., Goldberg, Flaherty, Robinson, and Indeglia, JJ.
This case came before the Supreme Court on May 10, 2011, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. After hearing the arguments of counsel and reviewing the memoranda of the parties, we are satisfied that cause has not been shown. Accordingly, we shall decide the appeal at this time without further briefing or argument. For the reasons set forth in this opinion, we affirm the judgment of the Superior Court.
An incident of violence that occurred during the winding down of a couple's romantic relationship is at the root of this appeal. The defendant, James Enos, met a young woman named Mary on the popular dating website, Match.com, in January 2008. The couple hit it off and began to date. During the course of their time together, James and Mary had an intimate relationship. After six months, however, the relationship had run its course, and Mr. Enos broke it off in August 2008. Shortly after the breakup, Mr. Enos contacted Mary to ask her to return some jewelry that he had given to her. Because her attempt to mail him the jewelry was unsuccessful, Mary agreed to meet Mr. Enos at a restaurant in Wakefield to make the exchange. After both arrived at the restaurant, Mr. Enos suggested, and Mary agreed, that the couple go inside for a drink. They conversed pleasantly for more than an hour; however, the conversation then soured and defendant began swearing at Mary.The young woman tried to leave the table, but defendant grabbed her from behind in a "bear hug" and began hitting her on the head with drinking glasses. The glasses shattered and Mary fell to the floor. However, Mr. Enos continued to assault her by kicking her until restaurant employees restrained him and pulled Mary to safety.The police were called to the scene; the first officer to arrive encountered Mr. Enos outside the restaurant lying on the ground and holding his left hand, which was bleeding profusely. As the officer approached, Mr. Enos "uttered `oh, my God, what have I done? What have I done?'" The police officer subsequently read Mr. Enos his Miranda rights and arrested him.
On December 8, 2008, James Enos was charged by information in the Superior Court for Washington County with one count of assault with a dangerous weapon, namely a drinking glass, in violation of G.L. 1956 § 11-5-2 and G.L. 1956 § 12-29-5.At trial, seven witnesses, including Mary, four of the restaurant's patrons and employees, and both of the responding police officers, testified before a jury. At the conclusion of the trial, defendant was convicted of domestic assault with a dangerous weapon. He was sentenced to twenty years in prison with eighteen months to serve and eighteen and one-half years probation, ordered to have no contact with Mary, to pay restitution to her, and to attend a mental-health program, substance-abuse counseling, and batterers' intervention. Mr. Enos filed an appeal to this Court.
Before us, defendant presses two arguments: First, he contends that the evidence presented by the state was legally insufficient for a reasonable juror to conclude that Mr. Enos and Mary were in a domestic relationship, and thus that the trial justice erred when she denied Mr. Enos's motion for acquittal under Rule 29 of the Superior Court Rules of Criminal Procedure. Second, he argues that the trial justice erred when she refused to declare a mistrial after a police officer testified that after defendant was informed of his Miranda rights, he declined to provide information about the incident to the police.
1. It appears that the couple was arguing over some aspect of Mary's job as a student-nurse.
2. As a result of the attack, Mary received ten stitches to close the wounds on her scalp, and she suffered mental and emotional trauma.
3. General Laws 1956 § 11-5-2 is the felony assault statute. General Laws 1956 chapter 29 of title 12 is the Domestic Violence Prevention Act. A second count, one of intentionally, knowingly or recklessly engaging in fighting, threatening, violent, or tumultuous behavior, was dismissed prior to trial.
4. Because Mr. Enos filed his appeal prior to the entry of the judgment of conviction and commitment, the appeal was premature under Article I, Rule 4(a) of the Supreme Court Rules of Appellate Procedure. The defendant was sentenced on October 2, 2009. He filed his notice of appeal on October 5, 2009, but judgment did not enter until November 30, 2009. This Court has held, however, that an appeal filed after an oral decision but prior to the entry of final judgment may be treated as timely in the interests of justice and to avoid undue hardship., 869 A.2d 58 , 59 n.2 (R.I. 2005) (citing, 414 A.2d 462 , 464 (R.I. 1980));, 827 A.2d 626 , 631 n.9 (R.I. 2003)). We, therefore, treat this appeal as timely.
5. Rule 29(a)(1) of the Superior Court Rules of Criminal Procedure, motion for judgement of acquittal before submission to the jury, says in pertinent part:
"The court on motion of a defendant or on its own motion shall order the entry of judgment of acquittal of one or more offenses charged in the indictment, information, or complaint, after the evidence on either side is closed, if the evidence is insufficient to sustain a conviction of such offense or offenses."
6. Section 12-29-1 goes on to note the prior lax enforcement of criminal statutes in situations in which the parties involved were in a domestic relationship:
"(b) While the legislature finds that the existing criminal statutes are adequate to provide protection for victims of domestic violence, previous societal attitudes have been reflected in policies and practices of law enforcement agencies, prosecutors, and courts which have resulted in differing treatment of crimes occurring between family or household members and of the same crimes occurring between strangers. Only recently has public perception of the serious consequences of domestic violence to society and to the victims led to the recognition of the necessity for early intervention by law enforcement agencies.
"(c) It is the intent of the legislature that the official response to cases of domestic violence shall stress the enforcement of the laws to protect the victim and shall communicate the attitude that violent behavior is not excused or tolerated. Furthermore, it is the intent of the legislature that criminal laws be enforced without regard to whether the persons involved are or were married, cohabitating, or involved in a relationship."
7. The American Heritage Dictionary of the English Language 463 (4th ed. 2009) defines "dating" as "[t]o go on a date or dates with," and defines "date" as "[a]n engagement to go out socially with another person, often out of romantic interest." It defines "relationship" as "[a] romantic or sexual involvement."at 1473.
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