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State v. Otero1/24/2002
y of the circumstantial evidence presented to the finder of fact constitutes proof of guilt beyond a reasonable doubt." State v. Hornoff, 760 A.2d 927, 932 (R.I. 2000) (citing State v. Diaz, 654 A.2d 1195, 1202 (R.I. 1995)); see also State v. Caruolo, 524 A.2d 575, 581 (R.I. 1987).
In the instant case, there was ample circumstantial evidence to support a finding that defendant brought the gun to the bar and carried out a preconceived plan to kill Lara. The testimony of the three eyewitnesses, including Carlos's testimony that "everything was quiet" until defendant "came in, right away he came and shot the other one," and Morel's testimony that defendant had something "silver, nickel color" in his hands before shots were fired, all buttressed the state's theory "that Teodoro Lara was playing pool when defendant entered the bar, that defendant went straight to him without preamble, and that shots were fired before the two men ever came into contact." Additionally, uncontroverted forensic evidence showed that, of the five bullets that wounded and killed Lara, only one was fired from close range, and Lara had defensive wounds on his hands consistent with Lara trying to grab the gun from defendant. A live bullet, matching the bullets found on the scene and in the victim's body, was found in the rescue vehicle that carried defendant to the hospital. A member of the rescue team testified that he cleaned out the vehicle between runs, leading to an inference that defendant brought to the bar not only the loaded gun, but extra ammunition as well. Medina, a witness for the defense, testified that based on the difference in size between the two men, defendant would have lost a hand-to-hand, physical fight with Lara. Finally, although there were no fingerprints found on the gun, the fact that defendant retreated into the bar for "several seconds" after a police officer ordered him to "show his hands" supported an inference that defendant took that opportunity to wipe the gun clean and drop it on the floor where it was later found by police.
Indeed, the totality of the evidence presented by the prosecution in this case surpasses the quantum of evidence presented in previous cases in which this Court has found sufficient evidence for conviction. See, e.g., State v. Mendoza, 709 A.2d 1030, 1036-38 (R.I. 1998) (holding that second-degree murder conviction was supported by single eyewitness identification of the defendant as the shooter and by bullets similar to those that killed victim found in the defendant's pantry drawer, despite contrary testimony of two other eyewitnesses). In the instant case, unlike the situation in Mendoza, the testimony of three eyewitnesses, in addition to the physical evidence, supported the state's account of the shooting, whereas the only witness to contradict the state's eyewitnesses was defendant, in his own uncorroborated and self-serving testimony. The remaining defense witnesses testified about past incidents in which Lara allegedly threatened defendant, facts that could have supported either the defense theory that Lara was the aggressor or the state's theory that defendant acted in retaliation for past events. As a whole, the facts and testimony presented in this case provided sufficient circumstantial evidence to support the jury's findings beyond a reasonable doubt that defendant brought an unlicensed gun to the bar and killed Lara with premeditation and malice aforethought.
With respect to the second issue, defendant argued on appeal that "the question of who acted aggressively in the bar was left unresolved by the credible evidence," and therefore the prosecution failed to prove beyond a reasonable doubt that defendant did not act in self-defense. We reject tha
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