State v. Lough

899 A.2d 468 (R.I. 2006)

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Nature of the Case

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Facts

D stopped to aid a fellow officer who had detained a juvenile because he suspected that the young man was operating a stolen minibike. The youth was unable to produce proof of ownership, and the vehicle identification number had been partially scratched off the surface of the bike. The officer decided to confiscate the bike and hold it at the police station until produce proof of ownership could be shown. D offered assistance by volunteering to take possession of the bike and complete the necessary paperwork. The bike was loaded the bike into the back seat of D's police cruiser. D placed it in his trunk because it smelled. D's cruiser struck the back of another officer's patrol car, apparently because of faulty brakes. D left the police station intending to bring his damaged cruiser to a repair facility. D decided to rid himself of the bike by leaving it behind a dumpster. The youth arrived at the police station the next morning with his mother to reclaim the confiscated bike. D retrieved the bike and placed in the trunk of Officer Petrella's cruiser. D and Petrella questioned about the bike. D told them of his accident and said it was transferred to the trunk of Petrella's car. Petrella told another inspector that the bike had been in the trunk of his car at the start of his shift. Internal affairs knew this was false because the car had been searched earlier that day, and the minibike was not in it. D eventually came forward with the dumpster facts. D was indicted on one count of embezzlement and fraudulent conversion in violation of § 11-41-3. D was fined $1,000 and received a one-year suspended sentence. D appealed. D contends that the trial court incorrectly instructed the jury that a person could violate the statute by disposing of the property of another.