VICIOUS and VINDICTIVE PROSECUTION OF RHODE ISLAND E-911 CALLER

There is evidence that RI E 911 caller, Victor Colebut, who begged and demanded a rescue for Kristine Ohler is being viciously prosecuted. State’s attorney’s Jonathan Burke and Shannon Signore are brutally pursing the life of a good-faith Rhode Island E-911 caller that they both know was denied medical assistance and a rescue for Kristine Ohler on February 17, 2020. RI Assistant Attorney General Jonathan Burke requested and received a copy of the RI E-911 call and an ‘original recording’. Both assistant attorney general’s under the concept of knew and should have known that the police dispatcher canceled Advanced Life Support (ALS), staged Basic Life Support (BLS) and acted with a total disregard for life. The state is attempting to secure a conviction for law enforcement by any means and have no interest in the facts.

This is a vindictive prosecution, the prosecution is pursuing charges against Victor Colebut in retaliation with a desire to punish him for asserting his rights. It is a malicious prosecution, the Pawtucket Police Department and the Rhode Island Attorney General’s Office, by its officers assistant attorney general Jonathan Burke and Shannon Signore, have used the legal system to bring a criminal complaint or charge against a Rhode Island E-911 caller even though the individuals or entity knows that either (1) no crime has been committed; or (2) the person they accuse is not the individual who committed the crime. The official records show that the criminal complaint was falsified and filed by Pawtucket Detective David Silva subsequent to an unwarranted in home arrest made in violation of RI Const. Art., 1 § 6 and US Const. Fourth Amendment by rookie Officer Nicholas Sisto who was shadowed by his Field Training Officer (FTO) Dianne Rittmann-McLaughlin on February 17, 2020.

False Reporting of a Crime in COUNT 3 of the above Complaint:

The false report count 3 was filed under: Statue(s) violated 11-45-1/12-29-5 “Colebut, Victor W, did intentionally, knowingly, and recklessly enter upon the property of Not On File and for a lascivious purpose look into an occupied dwelling on said property in violation of 11-45-1(a)(6) of the General Laws of the State of RI, as amended, as well as the DOMESTIC VIOLENCE PREVENTION ACT 12-29-2(a)(4).”

False Reporting of a Crime in COUNT 1 of the above Complaint:

Kristine Ohler did not live at 65 Fountain Street 3rd Floor in Pawtucket Rhode Island she violated the no contact order and was visiting on the night in question; February 17, 2020

False Reporting of a Crime in COUNT 2 of the above Complaint:

Detective David Silva falsely reported a simple assault charge, this is inconsistent with the arresting officer’s official reports and sworn grand jury testimony.

The Superior Court Clerk Altered the Official Court Docket to Match the False Criminal Report (Count 3) Filed and the False Police Reports and Narrative(s).

The false reporting here is clear evidence of police abuse of powers and a vicious and malicious prosecution

First, the Pawtucket Police department and its agents exploited a Rhode Island E-911 call for medical assistance and a rescue by responding and focusing on making a felony arrest in violation of RI Const. Art., 1 § 6 and the US Const. Fourth Amendment.

Second, law enforcement responded based on false information provided by the Pawtucket Police Communication’s Dispatcher on duty on the night of February 17, 2020, Michael Fidalgo a civilian employee of the Pawtucket Police Department. More importantly, the dispatcher was an employee of the police department who 1) canceled the Paramedics and Advanced Life Support (ALS) 2) Re-routed a 911 medical aid call to the police unnecessarily 3) Maliciously and unreasonably told the EMTs to STAGE for police 4) Falsely reported a RI E 911 call for medical assistance and an ambulance as a ‘death investigation’ and 5) Falsely reported the 911 call as an ‘unknown medical’ which is very different from a ‘non-responsive female’ as the Rhode Island E-911 Call Taker correctly reported.

Why Was the Superior Court Docket Falsified

The criminal docket was altered with false information more likely than no to deceive the Courts and Judges because this is not information on the public portal. There is no disputing the fact that on February 17, 2020 Victor Colebut lived alone at 65 Fountain Street in Pawtucket on the 3rd Floor in public housing.

There is no disputing that on the night in question Victor Colebut dialed Rhode Island E-911 for medical assistance and a rescue. There is no disputing that Victor Colebut was arrested in his home when the police responded to his 911 medical emergency call for a rescue. There is no disputing that Kristine Ohler lived in North Providence and was visiting the defendant on February 17, 2020. There is no disputing the active no contact order that was in place. There is no disputing that Kristine Ohler had a documented criminal and medical history of substance and/or alcohol abuse and had been court ordered to treatment more than once. There is no disputing that Kristine Ohler had a history of drinking too much and passing out and needing to be transported to a facility for detoxification. There is no disputing the fact that Kristine Ohler’s blood alcohol count was 0.168% postmortem and this was an alcohol overdose.

There is no disputing the fact that the arresting officer, a rookie in the Field Training program, Nicholas Sisto reported and testified before a grand jury and stated that he seized by hand cuffing Victor Colebut in his home without a warrant because he allegedly ‘punched his fridge, balled his fist, slapped a wall and stood in a bladed stance‘. There is no disputing that officer Sisto’s official narrative reports that he charged Victor Colebut based on information obtained subsequent to arrest after contacting BCI officer ‘Justin‘ and learning about the active no contact order. There is no disputing that the arresting officer Nicholas Sisto reported that he was charging Victor Colebut with two (2) domestic charges 1) Disorderly Conduct and 2) Violation of a No Contact Order. There is no disputing that the ‘original’ arrest report shows that Victor Colebut was later falsely charged with 2 felony charges and 1 misdemeanor. District Court Case 62-2020-02013. There is no disputing that the Criminal Complaint filed in District Court was not filed by the arresting officer Nicholas Sisto but by one of the detectives that participated in an incommunicado interrogation during a rule 5(a) violation of presentment, Pawtucket Police Department Detective David Silva.

RI Criminal Defense attorney Gary Pelletier, assistant attorney general’s Jonathan Edward Burke and Shannon Signore and Superior Court Clerk Stephen Burke Alter Court Records and Conspire to Support the Pawtucket Police Department’s False Reporting of a Crime

Prior Criminal Defense Attorney Gary G. Pelletier Conspires Against a Client

When RI criminal defense attorney Gary G. Pelletier was hired in June of 2021 due to Victor having been unlawfully detained since January 29, 2021 and Rhode Island Public Defender’s Jeffrey D. Peckham and Eric Slingo’s lack of communication and failure to advocate for their client. Also it was concerning that public defender Eric Slingo had been representing one of the State’s witnesses, Stacy Provest. Criminal defense lawyer Gary Pelletier was asked to immediately file a Motion for Bail under RI Gen. Laws. § 12-13-7 and his refusal to file any pre-trial motions on behalf of his then client, Victor Colebut, raised red flags. From June through August 16, 2021 private defense attorney Gary G. Pelletier and the Rhode Island public defenders, Jeffrey D. Peckham and Eric Slingo were commingling and conspiring against the defendant. A good-faith complaint was filed with the Rhode Island Disciplinary Board that had merit suddenly vanished at the urging of attorney Gary Pelletier in his response to the complaint filed against him.

In July of 2022 Rhode Island criminal defense attorney Gary Pelletier filed a Motion to Withdraw in response to the complaint filed against him for misappropriation of funds ($10,000 to wit) and attorney/client issues. The defendant requested and did receive the above ‘court docket’ copy in 2022. From the night that Victor Colebut was illegally seized in his home he had been isolated and kept in the dark about the charges against him. The blue wall of silence is erected in the State of Rhode Island. The official records and conduct of several officer’s of the court and/or individuals operating under the color of law; all of the prior defense attorney’s – public defenders, private and court appointed lawyers have conspired with the state’s attorney’s Jonathan Burke and Shannon Signore in a brutal pursuit of a life conviction.

No Crime Was Committed by the RI E-911 Caller

This is a vindictive prosecution because Victor Colebut has maintained his innocence and exercised his rights. The official conduct and records paint a clear picture of a cover-up. Rhode Island’s Assistant Attorney General’s Shannon Signore and Jonathan Edward Burke have an unquenchable desire to sentencing a black man to death by life in prison for murdering a white woman to gain points with the Pawtucket Police department and notoriety.

Victor Colebut is an innocent man who did the right thing when he dialed Rhode Island E -911 when he awoke and found Kristine Ohler passed out on his hallway floor after drinking heavily together despite the active no contact order. He did not leave her alone, he begged and even demanded that the dispatcher send medical assistance and a rescue.

The Good Samaritan Act should apply to ALL 911 callers, as it did with Veronica Cherwinski, who report a possible overdose, which given the totality of circumstances known to the state this was an alcohol and/or opioid overdose.

No confirmatory testing was performed and the Rhode Island Medical Examiner, Patricia Ogera, suddenly amended the autopsy report on Monday, May 4, 2020 after the criminal defense attorney Noah Kilroy was retained to replace RI Public Defender Jeffrey D. Peckham in District Court Case 62-2020-00738 and she then based her opinion and findings on police narratives. Miriam hospital staff also based its reports on the police and EMTs narratives. Finally, a voting grand jury indicted based on false and prejudicial presentment of the facts and official records. The grand jury was also duped.

If the RI E-911 call had been handled by a dispatcher with a respect for human life and the protocols then Kristine Ohler may still be alive and Victor Colebut would not be incarcerated for a crime that never occurred.

The allegations are fabricated and the prosecution is vindictive more likely than not the Pawtucket Police assumed no one would care about Victor Colebut or Kristine Ohler. Why? Because they were poor people who where loud with alcohol and/or drug addictions living in Pawtucket Public Housing with a history of homelessness and criminal records that included domestic charges between the two of them. It obviously seemed to be a very easy “false conviction” to push through the system, a slam dunk one might call it.

Well, things did not go as anticipated by law enforcement and the state’s attorney’s Shannon Signore and Jonathan Edward Burk who used their power and connections to keep Victor Colebut illegally incarcerated and in the dark because he demanded his right to a Speedy Trial.

It is one thing for the dispatcher to act with a wanton disregard for human life and cause and overdose to turn fatal, another for law enforcement to exploit a 911 medical aid call and make a false arrest and file false reports of crimes and quite another when two employee of the Rhode Island Attorney General’s Office participate in a vindictive and vicious prosecution with a lack of evidence. For more than four years and nine months the state’s attorney’s have abused their power and have broken the very laws they took an oath to uphold. Shannon Signore and Jonathan Burke have cost the state and taxpayers of Rhode Island nearly half a million dollars in housing Victor Colebut at the Adult Correctional Institute Intake Service Center and pursuing the life of an innocent RI E-911 caller.

Victor Colebut has been tortured and punished enough, the indictment should be dismissed and the man who dialed 911 during a possible overdose should be set free. Justice delayed is justice denied.

Help stop a vicious and vindictive prosecution.