State v. Tavell D. Yon
161 A.3d 1118
| R.I. | 2017Background
- Police executed a search warrant at 14-16 Monticello St. after a confidential informant linked Yon to the residence; officers found a .40 caliber pistol between couch cushions and detained Yon and girlfriend Desiree Rodrigues.
- Officers testified Detective Bento read Miranda rights at the apartment and Yon acknowledged understanding; they were transported to the station within ~10–15 minutes.
- At the station, Detective Hames asked Yon one question — whether the gun was stolen — and Yon replied, “what gun bought off the street isn’t stolen?” Yon did not deny making the remark at the suppression hearing.
- Yon testified he was not read Miranda rights and described coercive statements by officers; Rodrigues testified she told police the gun was hers and described buying it for protection.
- The trial justice denied Yon’s motion to suppress, admitted the statement, submitted the case to a jury, and Yon was convicted of constructive possession of a firearm after a prior violent conviction; the trial justice later denied Yon’s new-trial motion.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Yon) | Held |
|---|---|---|---|
| Motion to suppress statement | Officers properly Mirandized Yon at apartment; statement voluntary | No Miranda warnings were given; waiver invalid; statements coerced | Denied — trial justice credited officers; waiver knowing, intelligent, voluntary; suppression denied |
| Jury instruction on voluntariness (Humane Practice Rule) | No error where defense waived asking for Humane Practice instruction | Trial justice should have submitted voluntariness to jury under Humane Practice Rule | Waived — defendant never requested instruction and counsel explicitly declined to pursue it |
| Motion for new trial — weight of evidence on constructive possession | Evidence (residence links, bills, time spent at apartment, Rodrigues’s testimony) supports constructive possession | State failed to prove knowledge and intent to control the firearm (no fingerprints/DNA; Rodrigues said it was hers) | Denied — trial justice acted as thirteenth juror, found credibility determinations support jury verdict; no clear error |
Key Cases Cited
- State v. Jimenez, 33 A.3d 724 (R.I. 2011) (standard for proving valid Miranda waiver)
- State v. Garcia, 140 A.3d 133 (R.I. 2016) (voluntariness defined and reviewed under totality of the circumstances)
- State v. Bido, 941 A.2d 822 (R.I. 2008) (credibility deference to trial justice on suppression findings)
- State v. Beaulieu, 359 A.2d 689 (R.I. 1976) (time lapse between Miranda warnings and statements not dispositive)
- State v. Ferola, 518 A.2d 1339 (R.I. 1986) (prior criminal system experience can indicate understanding of Miranda warnings)
- State v. Ditren, 126 A.3d 414 (R.I. 2015) (elements of constructive possession: knowledge and intent to control)
- State v. Fisher, 844 A.2d 112 (R.I. 2004) (constructive possession defined as dominion and control)
- State v. Muralles, 154 A.3d 925 (R.I. 2017) (standard and trial-justice role when ruling on motion for new trial)
- State v. Moore, 154 A.3d 472 (R.I. 2017) (three-step analysis for new-trial weight-of-evidence review)
