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State v. Ortiz6/10/2003
of Correa's death, it would have been only a minimal factor.
In State v. Nazario, 694 A.2d 666, 668 (R.I. 1997), we affirmed the defendant's conviction even though the trial justice allowed the defendant to introduce evidence of the decedent's "blood-alcohol level and its probable effect upon his degree of intoxication," commenting, as he did so that he was "permit[ing] it for what it's worth." In this case, the medical examiner simply provided scientific support to substantiate the extent of Correa's alcohol impairment. It was appropriate for the medical examiner, who was a forensic scientist and a medical doctor, and who had routinely performed both alcohol and drug tests in connection with autopsies, to base his opinion concerning the victim's impairment on an official reading of the test results that reflected Correa's blood-alcohol level at the time of the autopsy. The witness, who was board certified in anatomic, clinical, neuro, and forensic pathology, was undoubtedly competent to opine as he did about whether this level of alcohol resulted in any impairment of the victim during his fatal encounter with Ortiz. For these reasons, we conclude, the trial justice did not err when he permitted this expert to testify that Correa's blood-alcohol content indicated that he was impaired by alcohol when Ortiz beat him to death. This fact was highly relevant for the judge and jury to assess the credibility of defendant's story concerning his encounter with the deceased and the propriety of his actions in repeatedly striking the victim with the nail board.
III. Involuntary Manslaughter Instruction
Lastly, defendant alleges that the trial justice erred in refusing to instruct the jury on involuntary manslaughter. He argues that "[a] question raised by the evidence presented at trial was whether [defendant] responded with more force than was necessary to repel the attack," and that, if he overreacted, those acts would amount to involuntary manslaughter. He also alleges that "[h]ad the jurors been properly instructed, they may well have concluded that [he] acted lawfully, in self-defense, but did so with criminal negligence in repelling Jose Correa's aggression by continuing to strike the deceased with the board."
At the close of the case, defendant asked the trial justice to instruct the jury on the crime of involuntary manslaughter. He did so based on two specific theories, for which, he says, some evidence existed to support the suggested charge: (1) defendant's actions consisted of disorderly conduct, which was only a misdemeanor; and (2) defendant engaged in self-defense, but did so with criminal negligence by going too far in repelling Correa's alleged attacks. The trial justice rejected the first theory advanced by defendant, explaining that, if the conduct in question did not constitute self-defense, then it amounted at a minimum to assault with a dangerous weapon, which was a felony and not merely a misdemeanor constituting disorderly conduct. The trial justice also did not accept the second theory that defendant advanced. Rather, it appeared to the court that defendant's alleged actions vis-à-vis Correa were an attempt to bring himself under the doctrine of imperfect self-defense, which Rhode Island law does not allow to reduce a charge of murder. Although the trial justice denied defendant's involuntary-manslaughter charge, he explained that:
"I would guess that it may be possible for a person engaging in a lawful defense to kill an innocent bystander by that lawful defense and thereby become guilty of involuntary manslaughter. That is as close as I can come to recognizing that. There is potential for involuntary manslaughter under the circumstances of a lawful defense
Page 1 2 3 4 5 6 7 8 9 10 11 12 Rhode Island DUI Attorneys
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