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June 17, 2008

Court overturns dismissal of police officer's conviction

PROVIDENCE -- The state Supreme Court has overturned the dismissal of a disorderly conduct complaint against an off-duty East Greenwich police officer and ordered a new trial.

Bryan J. McManus, an off-duty patrolman at the time, was arrested following a heated argument he allegedly had with patron Tyrone Marshall at an East Greenwich restaurant in October 2004. The state's highest court, in a ruling made public today, vacated the decision of a Superior Court judge, who in November 2005 threw out the June 2005 disorderly conduct conviction of McManus.

The Supreme Court has sent the case back to Superior Court for trial.

McManus was acquitted of simple assault but convicted of disorderly conduct on June 2, 2005. McManus filed a motion to dismiss the disorderly conduct, contending, according to the Supreme Court opinion, that the guilty finding "was flawed."

Superior Court Judge Melanie W. Thunberg granted the motion, the Journal reported, in a six-page decision

However, the state appealed to the Supreme Court in December 2005.

In dismissing the disorderly conduct, the trial judge "relied upon, and even cited, the District Court transcript," the Supreme Court opinion says. The state's appeal argued the judge applied the wrong review standards and that the judgment should be vacated and the case remanded for trial. The Supreme Court agreed.

-- projo.com staff writer Michael P. McKinney, with Journal archival reports

Posted by Mike McKinney  at 1:46 PM | Permalink

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