State v. Znosko8/2/2000
This case came before the Court in Washington County on May 3, 2000, on the appeal of the defendant, Andrew Znosko (defendant), from a Superior Court adjudication finding that he had violated the terms and conditions of a previously imposed eight-and-a-half-year suspended sentence and probationary period. Following a violation hearing, the defendant was ordered to serve the balance of the previously imposed sentence. On appeal, the defendant argued that the trial justice failed to consider all the circumstances in making his decision, and that he erroneously shifted the burden of proof relative to the defense of self-defense to defendant. The defendant was directed to appear and show cause why the issues raised in this appeal should not be summarily decided. After reviewing the memoranda submitted by the parties and after considering their arguments, we are satisfied that no cause has been shown, and therefore we shall decide the appeal at this time.
Facts and Procedural History
On May 3, 1990, judgments of conviction were entered in Superior Court following defendant's plea of nolo contendere for operating a vehicle in reckless disregard for the safety of others, with death resulting, driving under the influence , with death resulting, and driving so as to endanger, with personal injury resulting. A sentence of ten years in prison was imposed on the death resulting counts, with eighteen months to serve at the Adult Correctional Institutions, eight years and six months suspended, with eight years and six months probation. On the personal injury count, defendant was sentenced to five years, with eighteen months to serve and three years and six months suspended, with probation. The defendant subsequently was released from incarceration, at which time his probationary period began to run.
The defendant was arrested on July 11, 1998, for the murder of Antonio Santiago (Santiago), arising from an altercation that occurred the previous day. On July 13, 1998, the state filed a probation-violation report pursuant to Rule 32(f) of the Superior Court Rules of Criminal Procedure, indicating that defendant had violated the terms and conditions of his probation. A subsequent hearing was held on October 13, 1998. Burton Plamondon testified that on July 10, 1998, he lived at 109 Park Drive, East Providence, and that he and his wife had some people over for a cookout, including Santiago. Testimony from witnesses at the party revealed that in the early evening or late-afternoon hours of July 10, 1998, an altercation occurred between Santiago and defendant. It was unclear why a fight ensued, but at some point during the altercation, defendant stabbed Santiago with a pocket knife. The East Providence police, as well as a rescue unit, were called to the scene. When the police arrived, they saw Santiago lying down with blood surrounding him. Santiago was taken to Rhode Island Hospital for treatment. Despite efforts to save him, Santiago died at the hospital.
The defendant was not present at the scene when police arrived, but police were able to find him after searching the area. The defendant was taken to the East Providence police station, where he admitted stabbing Santiago, an admission he reiterated at the hearing. However, defendant contended at both the station and at the hearing that Santiago had attacked him and that he stabbed Santiago only in self-defense. The hearing justice, after hearing the testimony of the witnesses and the statement provided by defendant, concluded that defendant stabbed Santiago and that his claim of self-defense was without merit, finding that the force employed by defendant was disproportionate to the force of the attack. Consequently, the hearin
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