RI ATTORNEY GENERAL ASSISTANTS USED A COERCED STATEMENT OBTAINED DURING A RULE 5(a) McNABB-MALLORY INITIAL APPEARANCE VIOLATION TO WIN A CASE AND CONVICT AN INNOCENT MAN TO COVER-UP DISPATCHER GROSS NEGLIGENCE AND POLICE DEPARTMENT GROSS NEGLIGENT HOMICIDE

The Pawtucket Police Department’s Dispatcher, Michael Fidalgo, Canceled the Paramedics and then told the EMTs to STAGE for police, that is stand back and wait until the police clear the scene. This caused more than a thirty minute delay of medical aid and Victor lived less than two minutes away from the Police and Fire stations in Pawtucket and a life was lost due to the delay of care.

A RI E-911 caller, Victor Colebut, was denied a rescue and medical assistance for his girlfriend, Kristine Ohler, who overdosed in his apartment. He was set up by the Pawtucket Police Communications Dispatcher, Michael Fidalgo, who refused to dispatch Emergency Medical Services. It is a serious public health and safety issue when a dispatcher refuses to send medical assistance. The Pawtucket police dispatcher, Michael Fidalgo, acted with a reckless disregard for life when he intentionally canceled the paramedics and an advanced life support unit that was en-route. Pawtucket dispatcher Michael Fidalgo maliciously re-routed a medical emergency call to the police and set up Victor Colebut to be arrested.

Exploiting 911 calls to enter a home and make a felony arrest without a warrant under police created false ‘exigent circumstances’ is an abuse of the Fourth Amendment exceptions. The Supreme Court reversed and remanded the lower court order in a decision by Justice Samuel Alito. “The exigent circumstances rule applies when the police do not create the exigency by engaging or threatening to engage in conduct that violates the Fourth Amendment,” Alito wrote for the majority. Justice Ruth Bader Ginsburg dissented, contending that “the Court today arms the police with a way routinely to dishonor the Fourth Amendment’s warrant requirement in drug cases. “ Kentucky v King (2011)

Both of the Pawtucket Police Detectives had at least twenty years experience, yet they broke the laws and violated Victor Colebut’s human and civil rights to obtain a statement. David Silva and Hans Cute violated Pawtucket Police Department Policies, committed acts that violated Rhode Island Statues and Laws as well as the RI Constitution and the United States Constitution.

The police detention and interrogation were inhumane and cruel but using a coerced statement to secure a conviction is a serious injustice. However, Judge Joseph Montalbano allowed an involuntary, coerced statement that was obtained in violation of Rule 5(a) and its Federal counterpart the McNabb-Mallory Rule and related Corley case law to be used during trial in violation of the Fourteenth Amendment’s Due Process Clause. Every person has the right to a fair trial.

It would be wrong not to speak up, inform and warn others about what happened to Victor Colebut and Kristine Ohler.

A wrongful conviction was obtained by any means to cover-up the Pawtucket police dispatcher’s wanton disregard for human life that resulted in an overdose turning deadly. And the exploitation of 911 medical emergency call by the Pawtucket Police department officer’s who responded and entered a home and made a felony arrest without probable cause or a warrant is a violation of the United States Fourth Amendment.

Victor Colebut was unlawfully forced out of his home without a warrant or probable cause and taken to the police station where he was illegally and inhumanely held for more than thirty (30) hours before being brought to court to be arraigned.

Taking someone by force to an isolated location and holding them is kidnapping. There were no legal grounds to seize Victor Colebut in his home, force him out while barefoot and wearing only shorts in winter temperatures, take him and lock him in a cell at the Pawtucket Police station and not allow him access to a telephone within one (1) hour as the law requires. This was not a temporary detention it was a torturous ten (10) hour illegal detainment intended to demean and show power; it was a kidnapping according to the legal definition.

RI General Laws § 11-26-1. Kidnapping.

(a) Whoever, without lawful authority, forcibly or secretly confines or imprisons another person within this state against his or her will, or forcibly carries or sends another person out of this state, or forcibly seizes or confines or inveigles or kidnaps another person with intent either to cause him or her to be secretly confined or imprisoned within this state against his or her will or to cause him or her to be sent out of this state against his or her will, shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than twenty (20) years.

§ 12-7-1. Temporary detention of suspects.

A peace officer may detain any person abroad whom he or she has reason to suspect is committing, has committed, or is about to commit a crime, and may demand of the person his or her name, address, business abroad, and destination; and any person who fails to identify himself or herself and explain his or her actions to the satisfaction of the peace officer may be further detained and further questioned and investigated by any peace officer; provided, in no case shall the total period of the detention exceed two (2) hours, and the detention shall not be recorded as an arrest in any official record. At the end of the detention period the person so detained shall be released unless arrested and charged with a crime.

A confession is a formal statement, freely given, the third-degree in any form is torture

Pawtucket police dept. detectives David Silva and Hans Cute wanted to CONTROL THE NARRATIVE – HOW THE STORY GOES OUT. Systemic racism and inequity and modern day third degree tactics have a history that must be addressed and changed.

In Rhode Island police are prosecutors, yet they are not licensed attorneys – Law Enforcement Officers should protect and serve the community. Police should never prosecute their own criminal charges it’s an open Invitation to Corruption

In the recent case, State of Rhode Island vs. Victor Colebut an innocent man was framed by the police in 2020 and the Attorney General’s Office secured a conviction in 2025 with a coerced false statement obtained on February 17, 2020. The inadmissible evidence was used because the state’s attorney’s, Jonathan Burke and Shannon Signore, had insufficient evidence to prove a police fabricated crime beyond a reasonable doubt.