Justice ROBINSON, for the Court.
The defendant, Mohamed Nabe, appeals from a judgment of conviction on one count of carrying a firearm in a motor vehicle without a license. This case came before the Supreme Court pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After a close review of the record and careful consideration of the parties' arguments (both written and oral), we are satisfied that cause has not been shown and that this appeal may be decided at this time. For the reasons set forth in this opinion, we affirm the Superior Court's judgment of conviction.
On May 2, 2011, a drive-by shooting occurred near the intersection of Camp Street and Doyle Avenue in Providence. Subsequently, on August 5, 2011, the state filed a multi-count criminal information charging defendant and a codefendant, Jean Sajous, in connection with that shooting.
Providence Police Officer David Lorince testified for the state. He stated that, on May 2, 2011, Officer Donald Castigliego and he had been driving in their patrol car on Camp Street headed towards Doyle Avenue when he observed a dark-colored Nissan Maxima turn onto Doyle Avenue. Officer Lorince testified that, approximately ten to fifteen seconds later, he "observed a single gunshot out of the passenger side of [the] Maxima." According to Officer Lorince, the occupants of the Maxima then fled the scene; he added that Officer Castigliego activated the patrol car's lights and sirens and that the two officers "gave chase to the vehicle."
Officer Lorince testified that the Maxima drove through the intersection of Doyle Avenue and North Main Street and continued onto Randall Street, at which point it "skidded and hit [a] utility pole." He stated that, as their patrol car was pulling up alongside the passenger's side of the Maxima, two individuals exited the vehicle. At trial, Officer Lorince identified defendant as the individual who exited from the driver's side, and he stated that he later learned that the individual who exited from the passenger's side was Mr. Sajous. It was Officer Lorince's testimony that, as Mr. Sajous exited the Maxima, he "was holding his waist like he was holding something or his pants were going to fall off when he ran."
Detective Paul Renzi of the Providence Police Department's Bureau of Criminal Identification testified that, on May 2, 2011, he responded to a crime scene at the Marriott Hotel in Providence. He stated that, when he arrived at the hotel, his "attention was directed to the rear of the Marriott to a trash can which was being watched over by a patrolman * * *." He testified that in that trash can he observed a pistol which had been placed inside of a black sock, with the barrel sticking out of the sock. Detective Renzi further testified that he fingerprinted the firearm, the magazine, and a spent cartridge casing; he acknowledged, however, that, "[b]ecause of [the] sock," he was not able to recover any fingerprints. The exhibits at trial indicated that the serial number of the gun recovered from the trash can matched that of a gun purchased by one Ronique Perou (to whose testimony we turn next).
Ronique Perou testified that, having previously obtained a gun permit, she purchased her first gun on April 12, 2011 at a store in Woonsocket called "Bullseye."
Ms. Perou testified that she had met defendant and Mr. Sajous (whom she referred to as "Beans") approximately three years prior to trial. With respect to her relationship with the two men, she further testified that she had seen defendant visiting the home of a friend of his which was close to where she lived in Providence and that she and defendant had exchanged greetings on several occasions. Ms. Perou stated that, in late April of 2011, defendant came to her home, where he observed an empty box of bullets; she added that, when defendant asked her if she had a gun, she told him that she did. She testified that shortly thereafter, on May 2, 2011,
Ms. Perou testified that, later that same day (May 2), she drove defendant to the Woonsocket gun store called Bullseye. She further testified that they went into the store together and that defendant gave her one hundred dollars. It was her testimony that she filled out the paperwork relative to the gun purchase, listing herself as the actual buyer of the firearm. She stated that she used the money given to her by defendant to place a deposit on the gun, which could be picked up after a seven-day waiting period.
Ms. Perou stated that, on May 4, 2011, she filed a report with the Providence Police Department alleging that the gun had been stolen; she added that, because she did not want to get "in trouble," she told the police that someone had broken into her home and had stolen the gun. On cross-examination, Ms. Perou acknowledged that, when agents from the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) first questioned her on June 23, 2011, she gave a recorded statement repeating in substance her statement to the Providence Police Department. (That was the first of four recorded statements that Ms. Perou made to ATF that day.) Ms. Perou further testified at trial that, after becoming somewhat "scared" when the ATF agents told her that they thought she was lying to them and that, if she was lying, they would charge her with a crime, she gave a second recorded statement; in that statement she told the ATF agents that her gun could have been stolen by defendant, by "Beans," or by a third man who wore "braids" — in view of the fact that all three of them had been at her home for a party in April. She stated that the ATF agents again told her that they thought she was lying and that, if she was not telling the truth, she would be charged with a crime; and she acknowledged that the ATF agents also told her that they believed defendant had taken the gun and that she was trying to protect him. Ms. Perou testified that, after listening to those statements by the ATF agents, she gave a third recorded statement, in which she admitted that defendant had taken the gun from her. She further testified that she also told the ATF agents about having gone with defendant to purchase a gun for him.
Paul Connolly, the owner of Bullseye Shooting Supply in Woonsocket, testified that he was familiar with Ms. Perou because she had purchased firearms from his store, whereas he stated that he did not recognize defendant. At trial, he identified a form that Ms. Perou had filled out on May 2, 2011 in connection with her purchase of a firearm (which would have been her second firearm); and he further testified that she came into the store by herself on that date. It was Mr. Connolly's testimony that he had previously refused to sell firearms to customers whom he suspected of attempting to make a "straw purchase," and he stated that he would not have sold the firearm to Ms. Perou if, when she was filling out the just-referenced form, "there was another gentleman standing with her that then gave her $100 to pay for that firearm * * *."
Mr. Connolly acknowledged that, in October of 2011, ATF agents came to his store and asked him questions about purchases made there; he stated that he "cooperated with them." He also stated that he "do[es] everything [he] can to assist law enforcement * * *."
After the parties had rested, the trial justice instructed the jury. On June 12, 2012, the jury convicted defendant of carrying a firearm in a motor vehicle without a license and attempting to elude a police officer, while it acquitted him of the remaining charges.
The defendant then moved for a new trial with respect to both convictions pursuant to Rule 33 of the Superior Court Rules of Criminal Procedure. The trial justice granted the motion for a new trial on the charge of attempting to elude a police officer, but he denied defendant's motion with respect to the charge of carrying a firearm in a motor vehicle without a license.
On appeal, defendant contends that the trial justice should have granted his motion for a new trial as to the charge of carrying a firearm in a motor vehicle without a license because, in his view, there was no evidence that he was aware that his codefendant was in possession of a gun until the gun was fired on Doyle Avenue.
When a trial justice considers a motion for a new trial, he or she "acts as a thirteenth juror and exercises independent judgment on the credibility of witnesses and on the weight of the evidence." State v. Silva, 84 A.3d 411, 416 (R.I.2014) (internal quotation marks omitted); see also
We have stated that the "record should reflect a few sentences of the justice's reasoning on each point * * *." Silva, 84 A.3d at 417 (internal quotation marks omitted). However, we have also indicated that "the trial justice need not refer to all the evidence supporting the decision * * *." Id. (internal quotation marks omitted). In ruling on a new trial motion, "[t]he trial justice need only cite evidence sufficient to allow this [C]ourt to discern whether the justice has applied the appropriate standards." Id. (internal quotation marks omitted).
When we review the trial justice's denial of a motion for a new trial, "we do not focus on whether this Court simply agrees or disagrees with [his or her] credibility determinations," but rather we are "deferential to those determinations." State v. Clay, 79 A.3d 832, 842 (R.I.2013) (internal quotations marks omitted); see also State v. LaPierre, 57 A.3d 305, 311 (R.I.2012). Accordingly, "[i]f the trial justice has complied with [the requisite] procedure and articulated adequate reasons for denying the motion, his or her decision will be given great weight and left undisturbed unless the trial justice overlooked or misconceived material evidence or otherwise was clearly wrong." Paola, 59 A.3d at 104 (internal quotation marks omitted); see also Clay, 79 A.3d at 842.
It is our judgment that the trial justice conducted the appropriate three-step analysis before denying defendant's motion for a new trial with respect to the charge of carrying a firearm in a motor vehicle without a license. The record indicates that the trial justice first properly considered the evidence in light of the jury charge. Moving next to the second step, the trial justice proceeded to independently assess the credibility of the witnesses and the weight of the evidence. With respect to the credibility of Ms. Perou, the trial justice stated as follows:
In contrast, the trial justice found Mr. Connolly to be an "overearnest witness looking too hard to please law enforcement,
Accordingly, the trial justice denied defendant's motion for a new trial with respect to that charge. See State v. Guerra, 12 A.3d 759, 765 (R.I.2011) (stating that if, after conducting the required three-step analysis, the trial justice agrees with the jury's verdict, "then the inquiry is at an end and the motion for a new trial should be denied").
The defendant contends that, without the testimony of Ms. Perou, whose testimony he asserts was lacking in credibility, "[t]here was absolutely no evidence of any statements or conversations which indicated [that the defendant had actual possession of the gun or] that [he] was aware that [Mr.] Sajous possessed a gun prior to [Mr.] Sajous' discharge of the weapon." After a careful review of the record in this case, it is clear to us that the defendant's contention on appeal amounts to nothing more than a disagreement with the trial justice's assessment of the credibility of the witnesses and the weight of the evidence. See State v. Gonzalez, 56 A.3d 96, 103 (R.I.2012) (stating that "[t]he mere fact that [a] defendant disagrees with the trial justice's conclusions about credibility is not a sufficient basis to warrant the granting of a motion for new trial") (internal quotation marks omitted); see also Clay, 79 A.3d at 842; State v. Ferreira, 21 A.3d 355, 367 (R.I.2011). The trial justice recognized that Ms. Perou had given inconsistent statements to the police and the ATF; however, he was satisfied by her explanation as to why she had done so, and he ultimately chose to accept her in-court testimony with respect to the events of May 2, 2011. We have stated on more than one occasion that "the presence of some inconsistencies between or among utterances of a witness or witnesses at different points in time does not ipso facto render the testimony unworthy of belief." State v. Jensen, 40 A.3d 771, 781 (R.I. 2012); see also Rosario, 35 A.3d at 948-49. We are unable to conclude that the trial justice overlooked or misconceived material evidence or was clearly wrong in crediting Ms. Perou's testimony that the defendant had taken her handgun. See Paola, 59 A.3d at 106 ("[T]his Court affords a great deal of respect to the factual determinations and credibility assessments made by the judicial officer who has actually observed the human drama that is part and parcel of every trial and who has had an opportunity to appraise witness demeanor and to take into account other realities that cannot be grasped from a reading of a cold record.") (internal quotation marks omitted); see also State v. DiCarlo, 987 A.2d 867, 872 (R.I.2010). We therefore perceive no error in the trial justice's denial of the defendant's motion for a new trial with respect to the charge
For the reasons set forth in this opinion, we affirm the Superior Court's judgment of conviction. The record in this case may be returned to that tribunal.