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State v. Werner6/5/2003
you to mind your own business."
Frank Burton (Burton) arrived at Johnny Ray's establishment at approximately 10:30 p.m. on May 14, 1988. At about 12 midnight, Burton heard McGonigle shouting that there was a man outside armed with a shotgun. Upon entering the bar, McGonigle had closed the door leaving Stoddard outside with the purported wielder of the gun. Burton peeked out the door and observed the gunman aiming a shotgun at Stoddard. Burton closed the door and listened. When silence indicated that the gunman might have left, Burton reopened the door and heard the gunman yell, "I'll blow your head off." The gunman fired, and some of the pellets ricocheted from the sidewalk and struck Burton in his arm and legs while he was still in the doorway. He noted Stoddard lying in the road with apparently serious wounds on the lower portions of his legs and in his knees.
Shortly afterward, a West Warwick patrolman, Mark Amaral, arrived and observed Stoddard lying in the gutter outside the bar. He saw Burton standing over Stoddard. Burton also was wounded. McGonigle told the officer that the assailant was a white male in his late twenties with sandy blonde hair, worn "pushed up but no part." The officer was told that the gunman drove a gray Ford Grenada with Rhode Island license plates numbered IF-536. Messrs. Burton and Stoddard were taken to the Kent County Hospital, where Burton was treated and released the same day. Stoddard was required to undergo emergency surgery to remove pellets and to repair damage to his knees. He underwent significant surgical procedures and remained in the hospital for eighteen days. He also was treated for pain after he was discharged.
On the evening of May 15, 1988, West Warwick detectives visited Stoddard at the Kent County Hospital. He had undergone surgery earlier that day. Nevertheless, he did speak with them and viewed a photo array from which he selected a picture of Werner as the man who had shot him.
Shortly after Officer Amaral arrived, Sergeant Peter Appollonio (Sgt. Appollonio) of the West Warwick police arrived at Johnny Ray's. He was informed that the assailant was a white male approximately six feet tall with dirty blonde hair combed straight back from his forehead. He was also informed that the assailant drove away in a vehicle described by witnesses at the scene to be either a 1978 or 1979 gray Ford Grenada or Mercury Monarch with Rhode Island license plates numbered IF-536. About ten minutes later, another West Warwick police officer, Danielle Maynard, radioed to Sgt. Appollonio that she had located the described vehicle parked on St. John Street, within one-half mile of Johnny Ray's. Upon arriving at the location of the automobile, Sgt. Appollonio ascertained that the vehicle was empty. He then directed other officers to search the neighborhood to find out whether the suspect was hiding nearby. Sergeant Appollonio tried the door of the automobile and found it to be unlocked. Inside the car, he discovered a Rhode Island registration certificate listing the owner of a 1976 blue Plymouth Fury as one Dennina Prefontaine with an address at Davisville, Rhode Island. He also found a bill of sale from one Diane Levy to Ms. Prefontaine that described the subject vehicle as a 1979 gray and black Mercury Monarch. This was the specific vehicle that Sgt. Appollonio had found. He also found a receipt for repairs that listed Ms. Prefontaine as the owner of the vehicle that he had discovered. Also in this vehicle, Sgt. Appollonio found billing notices for two magazine subscriptions, both addressed to Werner at 200 Lockwood Street, West Warwick. After seizing these items of evidence from the Mercury Monarch, Sgt. Appollonio returned to the bar, pick
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