Justice Indeglia, for the Court.
The defendant, Robert E. Payette (defendant or Payette), appeals from a Superior Court judgment of conviction for first-degree murder, for which he received a sentence of life imprisonment. On appeal, Payette contends that the trial justice erred (1) by instructing the jury that malice may be inferred where there is a disparity in the size or strength between the victim and the defendant; and (2) by denying his motion for a new trial. For the reasons set forth in this opinion, we affirm the judgment of the Superior Court.
The record reveals that the genesis of this murder was a $510 debt. According to Payette's statement to the police, on the evening of November 10, 2007, he invited the victim, Ronald Dufour (Mr. Dufour), to Payette's West Warwick apartment for a late night pasta dinner with Payette and his girlfriend, Judith Parente (Ms. Parente).
According to Payette, while he was standing outside of the building with Mr. Dufour in an effort to "talk sense into him," Mr. Dufour attempted to punch Payette in the face
Payette admitted to then dragging Mr. Dufour's body down a wooded embankment behind his apartment. While doing so, Payette and Mr. Dufour's body fell into a large hole. After unsuccessfully attempting to pull Mr. Dufour's body out of the hole, Payette covered it with debris. Payette then put his own bloody clothing
Soon after the incident, Payette called his and Ms. Parente's mutual housemate, Delo Repose (Mr. Repose), who was working at the time, and asked him to come home immediately. At trial, Mr. Repose testified that because it was his first day at his new job as a dishwasher, he waited until his shift ended at approximately 10:45 p.m. before leaving. Upon arriving home shortly thereafter, Payette told him of his killing of Mr. Dufour. Payette then showed Mr. Repose where in the parking lot he stabbed Mr. Dufour, pointed out where he disposed of his body, and told him how he discarded his own bloody clothes into the dumpster.
Mr. Repose testified that the two men then decided to walk together to a bar approximately one to two miles from their apartment. After walking back to their apartment, they watched a movie together and spoke about what steps might be taken to conceal evidence of the crime. Mr. Repose stated that the pair discussed setting the dumpster on fire, scouring the bloodstained parking lot surface, and throwing Mr. Dufour's body into the nearby river; however, they ultimately did nothing in addition to what Payette had already done to conceal the evidence of the murder that night.
Mr. Repose added that when he awoke the next morning, Payette and Ms. Parente were attempting to scrub the bloodstains off the pavement with water, cleaning solution, and a broom. Later that afternoon, Mr. Repose told his housemates that he was going to dinner with his daughter; but, instead, she drove him to the Rhode Island State Police Headquarters in Scituate—where Mr. Repose revealed to the state police what he knew about the murder.
Later that night, November 11, 2007, Payette was arrested at his apartment. On January 29, 2008, a Kent County grand jury indicted Payette for murder in violation of G.L. 1956 § 11-23-1.
On appeal, Payette contends that the trial justice committed reversible error when he instructed the jury that malice may be inferred where there is a disparity in the size or strength between a victim and a defendant. According to Payette, while disparate size and strength between a victim and a defendant may be a proper jury instruction in limited circumstances, the case at bar does not qualify as one of those circumstances. Furthermore, Payette
"We undergo a review of jury instructions on a de novo basis." State v. Cipriano, 21 A.3d 408, 423 (R.I. 2011) (quoting State v. Ros, 973 A.2d 1148, 1166 (R.I. 2009)). "It is well established that, `[o]n review, we examine [jury] instructions in their entirety to ascertain the manner in which a jury of ordinary intelligent lay people would have understood them.'" Id. (quoting Ros, 973 A.2d at 1166). "[This Court] shall affirm a trial justice's jury instructions when * * * the instructions adequately cover the law and neither reduce nor shift the state's burden of proof." Id. (quoting State v. Linde, 876 A.2d 1115, 1128 (R.I. 2005)). Further, "this Court will not examine a single sentence apart from the rest of the instructions, but rather `the challenged portions must be examined in the context in which they were rendered.'" Ros, 973 A.2d at 1166 (quoting State v. Ibrahim, 862 A.2d 787, 796 (R.I. 2004)). "The trial justice need not use particular words in the instruction, but must `correctly state[] the applicable law.'" Cipriano, 21 A.3d at 423 (quoting State v. Imbruglia, 913 A.2d 1022, 1030 (R.I. 2007)). Finally, "an incorrect charge warrants reversal only if a jury could have been misled to the prejudice of the complaining party." Ros, 973 A.2d at 1166 (quoting State v. Graham, 941 A.2d 848, 855 (R.I. 2008)).
Payette argues that the trial justice erred when he instructed the jury that malice may be inferred when there is a disparity in the size or strength between a victim and a defendant. At issue is the following portion of the trial justice's instructions to the jury:
At the end of the trial justice's instructions during a side-bar conference outside the presence of the jury, defense counsel objected to that part of the instructions that allowed an inference to be drawn from a disparity in size and strength. The trial justice noted, but overruled, defense counsel's objection.
On appeal, Payette argues that the instruction given "was wholly improper" and failed to conform to Rhode Island law. To support his contention, Payette argues that the facts presented at trial about the
Although it is true that many cases relying on this principle do involve children or elderly victims, this Court has never limited this legal doctrine to such victims, nor are we constrained to do so today. To the contrary, in State v. Oliveira, 774 A.2d 893, 923 (R.I. 2001), this Court cited our holding in State v. McGranahan, 415 A.2d 1298, 1303 (R.I. 1980)—that "[m]alice can * * * be inferred from circumstances where there is a disparity in size and strength between the victim and an assailant"—in affirming an adult's conviction for assault with intent to murder another adult.
Other jurisdictions have also inferred malice from evidence of a disparity in size and strength between adults. In Commonwealth v. Moore, 488 Pa. 361, 412 A.2d 549 (1980), the Supreme Court of Pennsylvania affirmed a conviction of third-degree murder after holding that sufficient evidence was presented from which to infer malice. In Moore, 412 A.2d at 551, the defendant, at six feet two inches tall and approximately 180 pounds, was "over one-half foot taller and twenty pounds heavier than the victim." This disparity was viewed by that court as a factor "relevant to the question of malice." Id. (quoting Commonwealth v. Dorazio, 365 Pa. 291, 74 A.2d 125, 130 (1950)). The Moore court based its decision on the earlier Pennsylvania case of Commonwealth v. Buzard, 365 Pa. 511, 76 A.2d 394 (1950)—the facts of which are similar to the case at bar. In Buzard, 76 A.2d at 398, the Supreme Court of Pennsylvania affirmed a conviction of second-degree murder, the cause of which was a thirty-one-dollar debt. The Buzard court viewed an approximately eight-inch/forty-five-pound disparity between the adult defendant and the adult victim as a factor in favor of inferring malice. Buzard, 76 A.2d at 395, 396.
This issue has also been considered by courts in Texas and Virginia. In Sadler v. Texas, 364 S.W.2d 234, 237-38 (Tex. Crim.App. 1963), the Texas Court of Criminal Appeals affirmed a murder conviction while holding that "the jury had * * * evidence from which they found an intention to kill, considering the relative [disparity in] size, weight and strength * * *" of the adult defendant and adult victim. Similarly, in Beavers v. Commonwealth, 245 Va. 268, 427 S.E.2d 411 (1993), the Supreme Court of Virginia affirmed a murder
In the case at bar, the jury was presented with sufficient evidence about the age and physical disparity between Payette and Mr. Dufour to justify the instruction given. Cf. State v. Drew, 919 A.2d 397, 404 (R.I. 2007) (holding that a trial justice should not issue an instruction that is not supported by the evidence). Such evidence included the aforementioned weight and age difference,
Despite Payette's contentions, and although the disparity of size and strength here may not have been as extreme as an adult's killing of a young child, we hold that the instruction was a correct statement of law and was not improper.
Payette next argues that the trial justice committed reversible error by overlooking and misconceiving material evidence in denying his motion for a new trial. He contends that strong evidence was presented to suggest his capacity was "so severely impaired by the consumption of alcohol" that he was unable to form the specific intent necessary to commit murder. Highlighting certain evidence presented at trial, such as testimony regarding the alcohol and prescription drugs he had ingested, his intoxication, and his post-killing actions, Payette avers that his will "was so paralyzed by alcohol and drugs [that he was] incapable of forming any sane design to kill [the victim]." Thus, Payette asserts that the trial justice committed reversible error by denying his motion for a new trial.
"When deciding whether to grant or deny a motion for a new trial, `the trial justice acts as a thirteenth juror.'" State v. Pineda, 13 A.3d 623, 640-41 (R.I. 2011) (quoting State v. Espinal, 943 A.2d 1052, 1058 (R.I. 2008)). "[T]he trial justice must (1) consider the evidence in light of the jury charge, (2) independently assess the credibility of the witnesses and the weight of the evidence, and then (3) determine whether he or she would have reached a result different from that reached by the jury." Id. at 641 (quoting Espinal, 943 A.2d at 1058). "On appeal, this Court `accord[s] great weight to a trial justice's ruling on a motion for a new trial if he or she has articulated sufficient reasoning in support of the ruling.'" Id. (quoting Espinal, 943 A.2d at 1058). "We will overturn the trial justice's decision only if we are convinced `that the trial justice committed clear error or that he or she overlooked or misconceived material and relevant evidence [relating] to a critical issue in the case.'" Id. (quoting Espinal, 943 A.2d at 1058).
Payette centers his challenge to the denial of his motion for a new trial upon the trial justice's finding that his level of intoxication failed to sufficiently diminish his capacity so as to negate his intent to kill Mr. Dufour. "A claim of diminished capacity will negate the specific intent charged only if the intoxication is found to be `of such a degree as to completely paralyze the will of the [defendant], take from him the power to withstand evil impulses[,] and render his mind incapable of forming any sane design.'" State v. LaCroix, 911 A.2d 674, 679 (R.I. 2006) (quoting State v. Edwards, 810 A.2d 226, 235 (R.I. 2002)). Thus, Payette asserts that the court "clearly erred by overlooking and/or misconceiving material evidence in denying [his] motion for a new trial." We disagree.
In the instant case, the trial justice performed the required review and effectively pronounced his reasons for denying Payette's motion. He acknowledged that, despite the evidence of Payette's drinking on the night in question, there was also sufficient evidence to "find that [Payette] knew exactly what he was doing when he purposely killed [Mr.] Dufour." The trial justice recalled Payette's own statement to the police in which he said that at the time he invited Mr. Dufour to dinner, he was "fairly sober" compared to Mr. Dufour. The trial justice also considered as evidence of Payette's alertness the fact that he retrieved a steak knife from the kitchen prior to escorting Mr. Dufour from his
There is nothing in the record that would indicate that the trial justice overlooked or misconceived any material evidence or otherwise clearly erred. We conclude that he properly performed the review required. Accordingly, we affirm his denial of the defendant's motion for a new trial.
For the reasons stated in this opinion, we affirm the judgment of the Superior Court. The record shall be remanded to the Superior Court.