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State v. Werner6/5/2003
ed up McGonigle, and brought him to the Mercury Monarch. McGonigle identified the vehicle as the one that had been driven by the shooter earlier that night. The car then was towed to the West Warwick police station. Thereafter, the car was removed to a wrecking company and was destroyed after eight days, when it had not been claimed by a purported owner.
After returning to the station, Sgt. Appollonio attempted to trace the suspect by using the documents he had procured from the Mercury Monarch. He was unable to obtain an address for Ms. Prefontaine. Consequently, he went to 200 Lockwood Street, which was the address noted on the magazine subscriptions. He arrived at this address between 3 and 4 a.m. and encountered a woman who identified herself as Cynthia Mackabee (Ms. Mackabee). Ms. Mackabee said that she was Werner's sister. She described her brother as slightly over six-feet tall, approximately thirty years of age, with dirty blonde hair. Ms. Mackabee said that Werner lived with Ms. Prefontaine, and described her as his girlfriend. Ms. Mackabee was not certain of the exact address but she told the sergeant that she believed her brother lived in the vicinity of Brookside Avenue in West Warwick.
When Sgt. Appollonio returned to the West Warwick police station, he checked with the traffic division of the department as soon as it opened. After checking the names of Werner and Prefontaine for traffic violations, he discovered that Werner had listed an address as 14B Brookside Avenue with the Administrative Adjudication Court. He learned that this was an apartment building in the town of West Warwick. It was later discovered that Ms. Prefontaine had begun a dating relationship with Werner during the year 1987. In the course of this relationship, he moved into her apartment at 14B Brookside Avenue. At some point during the month of May 1988, the relationship had deteriorated between the couple and Werner began spending part of his time in another apartment in the same building, as well as residing part of the time in Apartment 14B.
Ms. Prefontaine disclosed later at trial that she and Werner both used a silver and red Mercury Monarch (which she sometimes referred to as a Ford Grenada). This vehicle was not registered with the Division of Motor Vehicles, but it did bear a Rhode Island license plate numbered IF-536. This plate was officially assigned to a 1976 blue Plymouth Fury that Ms. Prefontaine also owned. The registration certificate for the Plymouth was kept inside the Monarch. She also agreed that she had taken the Monarch to Roger's Automotive Services for repair sometime before the shooting occurred. She also later disclosed that she and Werner had argued on the evening of May 14, 1988. At the end of the argument, Werner told her that he was going to return to New York (where he had previously resided). He took the keys to the Monarch and left. On the morning of May 15, 1988, Sgt. Appollonio went to 14 Brookside Avenue. He was accompanied by other officers, whom he deployed around the building. The officers banged on the front door of the apartment building and announced their presence. Ms. Prefontaine appeared at the window and was ordered to come outside. She was accompanied by Norman Ducharme (Ducharme) whom she had met the night before at Ronny's Last Chance Saloon, after Werner had left. Ducharme had accompanied her back to her apartment about 2 a.m. Upon emerging from the building, both Ms. Prefontaine and Ducharme were arrested.
Meanwhile, at the rear of the building, Detective James Santos (Det. Santos) saw Werner open a window and lean out as though he intended to climb out of the building. Detective Santos yelled "Halt Police." At this point, Werner ducked
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Rhode Island DUI Attorneys
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