State v. Latraverse

443 A.2d 890 (1982)

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Nature of the Case

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Facts

Salvatore Lombardi is a member of the Woonsocket police department. He did undercover work using the name Frank Torro. As Frank Torro, he had purchased four stolen cars from Latraverse (D), who owns and operates a Woonsocket used-car dealership. D was arrested and arraigned in the District Court on several charges of receiving stolen goods. D was free on bail while awaiting the grand jury's consideration of his dealings with 'Torro.' Lombardi was at home when he heard a muffler of a car at 1:40 a.m. Lombardi looked out the front window and observed a late-model Ford Thunderbird bearing a license plate assigned to D's automobile agency. Once the vehicle had passed by, Lombardi took his walkie-talkie, went outside his home, and secreted himself in the darkness. Lombardi kept a vigilant eye on the early-morning traffic passing by his house because he had received threats as a result of his undercover work. He also testified that on one occasion while working undercover he was asked by D if his real name was 'Salvatore Lombardi.' He observed the T-bird coming 'down' the street. When the vehicle came to a halt and parked almost directly across the street from the Lombardi residence. After a wait of a minute or so, Lombardi radioed headquarters for a 'backup.' As the backup headed toward the intersection, the T-bird backed up on Harrison, made a U-turn, and headed away from the Morton Avenue area toward Park Place. The backup caught up with the darkened T-bird in front of 138 Harrison Avenue. When the police looked at the interior of the car, they saw the following items: a can of gasoline; a rag; matches; an aluminum baseball bat; a wire coat hanger that had been stretched out so that it could be used to open a car door; and a note that read, 'Hi, Sal, know [sic] it's my turn asshole.' A trial resulted, and the defense rested without presenting any evidence and D moved for an acquittal. D was convicted and appealed.