Projo 7 to 7 News Blog

A Providence County grand jury has found the actions of East Providence police officers were "lawful and legally justified" in the death of a man while in custody earlier this year.

The announcement was issued this evening by Attorney General Patrick C. Lynch's office.

Leonel Farias, of East Providence, died while in police custody on Feb. 27. In July, the Office of State Medical Examiners said Farias died because of "sudden death complicating Excited Delirium Syndrome due to chronic schizophrenia." A state Health Department spokeswoman said at the time that Excited Delirium Syndrome is a "life-threatening medical condition characterized by acute delirium due to, in Mr. [Leonel] Farias' case, schizophrenia."

Farias waved a knife at the police and struggled with them after he had a violent outburst in his home at 153 James St., East Providence.

In February, sisters of Farias did not deny that he waved a knife at the police and struggled with them, but they did express criticism of the police, asserting that officers continued to beat Farias even after they begged them to stop.

East Providence's police chief in a March 1 Journal article defended the actions of the officers. Chief Hubert J. Paquette said in a statement at the time that his officers "exercised great restraint during this potentially deadly encounter."

The chief added in that statement: "Rather than use deadly force, the officers risked great personal injury in an attempt to restrain [Leonel] Farias" and said that "unfortunately, Mr. Farias fell unconscious and sometime later expired following a violent struggle in which officers sustained injuries."

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

JOHNSTON -- A Johnston woman must serve 11 months of probation and pay $1,000 for muzzling her two pit bull dogs with tape and leaving them without food or water while she went to the hospital to give birth.

Diana Tetrault pleaded no contest Friday to a misdemeanor count of unnecessary cruelty to animals. A judge ordered her to continue mental health counseling.

The police said neighbors heard the dogs whimpering and told investigators they hadn't seen anyone visit the woman's apartment for two days. An officer found the animals emaciated and suffering from wounds from electrical tape wrapped around their snouts.

Tetrault did not immediately return a phone call seeking comment.

-- The Associated Press

Journal photo / Mary Murphy
Workers for National Grid today were at the site along Main Road in Tiverton, where the gas lines had been purged to allow gas to flow again to the homes and businesses that lost service.

TIVERTON -- Gas service has been restored to about 765 National Grid customers in Tiverton, but another 123 customers are without service following a distribution problem yesterday that resulted in a dramatic gas pressure drop, a National Grid spokeswoman said.

Utility personnel working on restoring service have been unable to enter those 123 residences, apparently those whose homeowners are still at work, spokeswoman Debbie Drew said. "Our hope was that between 5 and 7 or so [tonight], when people began to come home from work, that we could get those accomplished."

Drew said the policy is that if temperatures are such that there is threat of frozen pipes or other property damage, workers will go into those customers' homes with a locksmith and a police escort. "If weather is around like what it is expected to be tonight and the next few days, we would likely wait to work with homeowners," she said this evening.

The cause of the gas distribution problem has been under investigation.

The affected customers are in the North Tiverton area, from the town's Stone Bridge section to the Fall River, Mass. line.

Among those affected yesterday was Sakonnet Bay Manor on Main Road, where some 150 elderly people live.

National Grid last night delivered a special truck of compressed natural gas to serve the senior citizen building while regular service was restored. The building was back on the system between midnight and 1 a.m., Drew said.

The Tiverton School District canceled classes today at its middle school. The middle school serves as the town's emergency shelter, where those without gas were encouraged to go yesterday. The shelter was closed at 3:30 a.m. due to lack of demand, the Fire Department confirmed this morning.

Temperatures fell into the mid-20s to low 30s overnight, prompting a freeze warning from the National Weather Service. Tonight, temperatures are expected to remain in the 30s.

National Grid workers had worked throughout last night and today to restore service. Workers have completed purging the system, removing all air, and putting gas into the system, Drew said.

NEWPORT -- The city has received more than $430,000 in federal funding to repair seawalls damaged by a major storm last year.

Eight hundred linear feet of seawalls along Ocean Avenue, a major tourist attraction in the city, were eroded by an April 2007 nor'easter.

The state transportation department said Friday it had helped Newport get $431,600 from the U.S. Department of Transportation.

The city will be administering the project.

-- The Associated Press

Journal photo / Mary Murphy

The hull of the unfinished tall ship Oliver Hazard Perry is docked at Bowen's Wharf this morning after it completed its voyage from Amherstburg, Canada. Its owners, Tall Ships Rhode Island, plan to transform it into a 207-foot Tall Ship to represent all of Rhode Island.

The goal is to have the Oliver Hazard Perry sailing by 2010.

The 132-foot hull was towed from Ontario to Narragansett Bay, a 800-mile journey.

The nonprofit bought the steel hull in September and intends to build it into a 207-foot, three-masted, square-rigged 19th-century warship replica named after Rhode Island's naval war hero, Oliver Hazard Perry.

Perry, who was born in Rhode Island and lived in Newport, was a Navy commodore who led the U.S. fleet to a key victory on Lake Erie during the War of 1812. During the battle, he captured the HMS Detroit. The Canadian group built the hull for a planned replica of the Detroit, before having to abandon the project due to lack of support.

PROVIDENCE -- Two men in the vehicle that police said tried to run over an East Providence police officer yesterday -- leading the officer to fire at the vehicle -- were arraigned in District Court, Providence, today.

Zachary Q. Hazard, 20, of East Providence, pleaded no contest to conspiracy to the attempted larceny and injuries, attempted larceny under $500 and tampering with a motor vehicle. He received a one-year suspended sentenced and one year's probation.

Ro O. Flowers, 21, who originally gave a Providence address when arrested but said he was living in Kansas at arraignment, had bail set at $25,000 surety, which means posting 10 percent of that in cash or the full amount in property, according to East Providence Police Chief Hubert Paquette.

Flowers is charged with felony assault with a dangerous weapon, reckless/eluding high speed pursuit, operating on a suspended license, conspiracy to attempt larceny, tampering with a motor vehicle, and attempted larceny under $500.

Patrolman Ryan Vose has been placed on administrative leave pending an investigation, which is standard procedure, Paquette said.

Vose was working undercover when he fired at the vehicle as it tried to run him over in a parking lot off Veterans Memorial Parkway yesterday afternoon, the police have said.

Hazard and Flowers were not injured and eluded the officer but they were arrested minutes later near Exit 7 on Route 195, near the Massachusetts line. Their vehicle had a flat tire.

The incident happened about 4:30 p.m. as the officer did surveillance of the lot, that overlooks the bike path and Narragansett Bay. He was on foot and in plain clothes, Paquette said yesterday. He had been assigned to the area in response to a recent car breaks and larcenies.

The officer at first saw two women stretching and preparing for exercise on the bike path. Then, the police said, Vose saw a vehicle enter the lot and park, and saw one man get out of it, run to another vehicle and smash the window.

Vose approached and displayed his badge, according to the police, and the man returned to the vehicle. Then, the driver aggressively drove toward the officer.

No one, including the officer, was injured, according to the police.

The vehicle sped away.

Police Lt. Bruce Kidman spotted the suspects and their vehicle about 15 minutes later and called for support. Officers converged on the vehicle near the Route 195 exit and made the arrest.

The men were arrested without incident.

-- projo.com staff writer Michael P. McKinney and Journal staff reports

PROVIDENCE -- A utility wire conduit that was hanging below the Washington Street overpass above Route 95 south has been secured.

The work briefly forced the closure of one right lane on 95 south, causing the start of the evening commuter traffic to back up toward the Massachusetts line, a DOT spokesman said.

Spokesman Charles St. Martin said the conduit, which apparently held communications wires, was taken care of by 4 p.m. by a DOT inspection crew.

Specifically, the affected stretch of highway was between Exits 20 and 21, south of Atwells Avenue.

A boil-water advisory will remain in force through at least Tuesday at University of Rhode Island's Kingston campus while officials wait for three consecutive days of water testing to turn up negative for the fecal coliform bacteria that led to the boil-water advisory and precautions throughout this week.

The Rhode Island Department of Health today received a test result that was positive for fecal coliform in URI's water system. The advisory does not affect water systems of surrounding communities.

The university's dining halls shut down the soda fountain and coffee and milk machines and sanitized them. They have not been put back into service, and the university is giving out water bottles and cartons of juice. Water fountains have signs posted on them that they're not in service.

A bottled-water station in the Memorial Union will remain open through today from 10 a.m. to 2 p.m. for students, faculty and staff.

The bacteria that led to the boil-water advisory this week was found during routine weekly tests in the Biological Sciences Center building. The advisory is limited to the university's water system -- separate from the system that serves nearby communities.

The Health Department recommends all water be boiled for one minute and allowed to cool before using to kill bacteria and other organisms in the water. Bottled water can also be used.

Boiled or bottled water should be used for drinking, making ice, brushing teeth or food preparation.

However, students can use water for showering or bathing unless they have an open wound. Any questions about showering or bathing with this water should be directed to a person's healthcare provider.

The boil-water advisory will end when there are negative water test results for three consecutive days. Daily testing is done at multiple points in the URI water system.

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

PROVIDENCE -- Members of the largest union of state employees have approved a new contract today by a vote of 1,569 to 1,075, resolving a three-month standoff with Gov. Carcieri that jeopardized roughly $10 million in projected savings needed to balance the state budget.

Members of Council 94, American Federation of State, County, and Municipal Employees have been voting through the week on the four-year pact . The vote was counted today.

Governor Carcieri and union leaders issued separate statements this afternoon, saying they were pleased with the contract resolution. Governor Carcieri said the contract will help the state reach its goal of $90 million in personnel savings. Union leaders characterized the deal as being fair to members.

Council 94 -- which represents some 4,000 workers and includes 22 local unions -- soundly rejected a smiliar deal in July.

The contract freezes pay in the first year, but includes raises of 2.5 percent, 3 percent and 3 percent in the subsequent years.

Employee health-care contributions will also be assessed as a percentage of health-care premiums, something that union president J. Michael Downey, among others, had strongly opposed in recent months.

But the deal relieves some burden on lower-paid employees by requiring they pay a lower percentage of their premiums (individuals making less than $45,000 would pay 12 percent in the first year; those who make more than $90,000 would pay 25 percent).

The contract increases co-pays for emergency-room care and specialists, but it also creates a "wellness incentive" that could reduce employee medical co-share payments by up to $500 for those who agree to "preventative and wellness behaviors" such as quitting smoking and seeing a primary care physician.

Downey said today, "While the road to a new contract was a bit bumpy, I firmly believe that this contract is fairer to some of the lowest paid state employees. "

"I am proud that our membership has stepped forward during these times of economic crisis to help the state of Rhode Island," Downey said. "Council 94 hopes that the administration and General Assembly will recognize our contribution and refrain from further unilateral actions, such as layoffs and benefit reductions, in the future."

Carcieri issued a statement this afternoon, saying, "I am pleased to finally put this issue behind us. The state's economic picture is getting worse, and it is critically important that we start to implement the cost saving changes achieved from the new contract. I commend the union membership for recognizing these tough times and voting for the agreement."

He said, "With the concessions achieved in the new labor agreements, coupled with the changes in retiree health benefits and subsequent retirements, we have achieved our goal of $90 million in personnel savings."

Although final retirement numbers are pending, to date, 1,858 employees have retired since July 1, 2007, according to Carcieri's office.

A tentative agreement was announced last week with the governor and union officials reaching the tentative agreement just before court-ordered arbitration was to begin.

Council 94 has about one-third of the state's work force. Thousands of workers who belong to other unions -- many of which approved the original contract -- would likely qualify for any concessions under the new offer because of a "parity clause" in their contracts that ensure they get equal deals.

-- With archival reports

WARWICK -- Officials are gathering here this afternoon to celebrate preservation of 41 waterfront acres of the former Rocky Point amusement park.
U.S. Sen. Jack Reed, U.S. Rep. James Langevin, Mayor Scott Avedisian and other officials attended.

Since the park went bankrupt and its assets were auctioned, the city has sought to have much of the shoreline and a large piece of the 120-acre tract preserved for the public.

Purchasing the 41 acres resulted from cobbling together more than $4 million in state, local and federal grants.

The state Department of Environmental Management provided $1.4 million and Reed secured a $2.25-million federal grant. The city contributed $800,000.

"This is truly a landmark acquisition. We didn't purchase the Tilt-a-Whirl or the Flume, but the greatest attraction of Rocky Point has always been the view of Narragansett Bay. That view, along with the shoreline and these scenic 41 acres, is what we were able to save and preserve for future generations," Reed said in a statement.

Langevin said in the statement: "I was happy to help obtain federal funding for this project through the years. For too long the Rocky Point property has been closed to the public but with the hard work of federal, state and city leaders that is changing today."

-- projo.com staff writer Michael P. McKinney

PROVIDENCE -- Rhode Island state troopers are bringing home some fitness accolades.

Cpl. John A'Vant, Detective Scot G. Baruti, Trooper Joy M. Younkin, and Trooper Meredith L. Zenowich participated in the seventh annual LawFit Trooper Challenge, sponsored by the National Center for Public Safety Fitness and held last week and at George Mason University in Fairfax, Va.

The Trooper Challenge includes a bench press, a timed sit-up test, a flexibility test, pull-ups, a 200-yard agility course, and a 1.5-mile run.

Among the results:

First place mix team: A'Vant, Baruti and Zenowich

First place mixed pair: A'Vant and Younkin

Second place mixed pair: Baruti and Zenowich

First place women's pair: Zenowich and Younkin

First place individual female: Zenowich

Second place individual female: Younkin

First place women's obstacle course: Zenowich

First place women's sit-ups: Younkin

First place women's run: Younkin

PROVIDENCE -- About a dozen protesters took to Governor Carcieri's office this morning asking him to release millions of dollars in heating aid to the poor.

The protesters, associated with Pawtucket-based George Wiley Center, gathered at the State House rotunda holding yellow signs that read "$38 million," the amount the state recently received from the federal government to fund the Low Income Home Energy Assistance Program, or LIHEAP.

Carcieri said through his spokespeople the money cannot be released until late next month. Usually that money is released in late February, the governor's office said.

The average grant for qualifying households is expected to increase to $480 from $340, the governor's office said.

To qualify, people can earn as much as 60 percent of the state median income. For a family of four, the cutoff would be $46,913.

-- With reports from Steve Peoples, Journal State House Bureau

By Kate Bramson
Journal staff writer

TIVERTON -- Famous Pizza owner Vaselios Skarpos spent most of yesterday waiting to get his business back up and running.

In the end, all he made were a few cold grinders, because his ovens, stove, heat and hot water all run on gas. And gas was in short supply in the northern section of town, after a distribution problem caused a dramatic drop in pressure.

At 3:30 this morning, Skarpos met National Grid workers at the pizza shop on 433 Main Road that he's owned for 35 years.

Seven hours later, he was back in the swing of business, when the phone rang.

His employee covered the mouthpiece and asked, "Can we do 30 pizzas at noon for National Grid?"

The utility had had many workers on the job all night, working to restore service, as freezing temperatures hit the region.

Skarpos replied, of course, "We'll do our best."

Shortly before noon, a delivery crew showed up with the pizzas at a temporary command center at the fire station at 85 Main Road.

By that time, the number of customers in town without gas service was down to between 300 and 350, from a height of 826 yesterday.

National Grid, which provides the gas, worked through the night to get in and out of affected homes and businesses, first shutting off, the turning gas back on.

Their white trucks were visible around town this morning, as they continued on the task.

But restoration was complicated by the fact that some customers were at work, and the utilitiy was unable to get into houses to put the gas back on.

National Grid spokesman David Graves said about 50 workers were at that task now, and that about 80 would be on the job around 4 p.m., when people began returning home.

Jane Olszewski of Corporate Accountability International watches as state senator and restaurant owner, Joshua Miller tastes different bottled waters to see whether he could tell the difference between tap water and bottled water. linkWatch the video: Many people can't tell the difference. Journal photo / Steve Szydlowski

By Peter Lord
Journal environment writer

The owners of four Providence restaurants joined a national campaign today by agreeing to not serve bottled water to their patrons.

Providence Mayor David N. Cicilline also announced that he plans to sign an executive order on Tuesday banning the use of city funds to purchase single-use bottled water in city offices.

Cicilline said bottled water is wasteful because companies charge 1,000 to 10,000 times more for it than city tap water, and about 25 percent of all bottled water actually comes from the tap. Also wasteful, he said, is the cost of transporting the bottles and disposing of the empties.

Deborah Lapidus, national organizer of the Think Outside the Bottle Campaign, said corporate water bottlers use advertising to make people question the safety of tap water, even though tap water is more regulated than bottled water. She said, "Corporations are transforming water from a low-cost public resource to a high-priced luxury."

Participating restaurants are Local 121, Trinity Brewhouse, the Hot Club, and Benders Caffe.

NEWPORT -- The hull of the Oliver Hazard Perry, which will serve as Rhode Island's own sail training tall ship, arrived around 10 a.m. at its new -- though temporary -- home, Newport's Bowen's Wharf.

It arrived at the Castle Hill area around 8 a.m., wandered past Goat Island, before reaching its final destination, where it will be berthed.

Once design work on the sail training tall ship is completed, the hull will be hauled to Blount Boats in Warren, where a deck will be installed and interior work completed. The vessel will return to Newport for its spars, rigging and hardware.

The goal is to have the Oliver Hazard Perry sailing by 2010.

The 132-foot hull was towed from Ontario to Narragansett Bay, a 800-mile journey.

The nonprofit Tall Ships Rhode Island bought the steel hull in September and intends to build it into a 207-foot, three-masted, square-rigged 19th-century warship replica named after Rhode Island's naval war hero, Oliver Hazard Perry.

Perry, who was born in Rhode Island and lived in Newport, was a Navy commodore who led the U.S. fleet to a key victory on Lake Erie during the War of 1812. During the battle, he captured the HMS Detroit. The Canadian group built the hull for a planned replica of the Detroit, before having to abandon the project due to lack of support.

-- With reports from Journal Staff Writer Mark Reynolds.

TIVERTON -- Some 400 National Grid natural gas customers are still without gas after a distribution system problem that resulted in dramatic gas pressure drop yesterday.

About 826 customers were without gas service last night.

The cause of the distribution problem is still under investigation, said Debbie Drew, a spokeswoman for the utility company.

The affected customers are in the North Tiverton area, from the town's Stone Bridge section to the Fall River, Mass., line.

Among those affected yesterday was Sakonnet Bay Manor on Main Road, where some 150 elderly people live.

National Grid delivered a special truck of compressed natural gas to serve the senior citizen building while regular service was restored. As of this morning, the building is back on the system, Drew said.

The Tiverson School District canceled classes today at its middle school, as it is the town's emergency shelter, where those without gas were encouraged to go yesterday. The shelter was closed at 3:30 a.m. due to lack of demand, the fire department confirmed this morning.

Temperatures fell into the mid-20s to low 30s overnight, prompting a freeze warning from the National Weather Service. Tonight, temperatures are expected to remain in the 30s.

National Grid workers have been working overnight to restore service and will continue through the day today.

Drew said workers completed overnight the purging of the system, removing all air, and putting gas into the system.

To do that, workers had to get access into all households and businesses to turn off the meters. When customers were not home, locksmiths were called in and the police escorted the workers, standard procedure in those instances, Drew said.

With the system re-pressurized with gas, workers will continue going into homes and businesses to turn the system back on.

"We are experiencing what we call 'can't get ins, CGIs," Drew said, noting customers can call the gas company to set up an appointment if no one will be at the residence. National Grid workers will also call customers and leave notes to alert them the service is yet to be restored.

-- With archival reports

State unemployment benefits have been extended again because of Rhode Island's high unemployment rate, according to the state Department of Labor and Training.

State unemployment benefits normally last up to 26 weeks, but with this, a second extension, eligible recipients can receive benefits for up to 20 additional weeks.

The first extension was for 13 weeks and this extension -- known as high unemployment extended benefits -- adds up to seven more weeks. It will go into effect the week of Nov. 9.

The seven-week extension was triggered because Rhode Island's three-month average unemployment rate met or exceeded eight percent. Rhode Island's unemployment rate was 8.8 percent in September, the highest rate in the country.

Last month, 50,200 Rhode Islanders were out of work, the most on record.

Eligibility for the extension is based on several factors. It's available only to those who have exhaused their regular state benefits and any additional federal emergency compensation, the DLT says.

About 2,000 Rhode Islanders are currently receiving extended state benefits.

SUDBURY, Mass. -- A Providence man wanted in a September shooting outside a "sip joint" in the Elmwood section of Providence is being held in Massachusetts on fugitive from justice charges.

Sudbury police arrested Cleto "Marcial" Mejia, 41, Wednesday at work, Cavicchio Greenhouses, a whosesale nursey, on a Providence District Court warrant for assault with a dangerous weapon .

He was arraigned yesterday in Framingham District Court. His case has been continued to Oct. 31.

Providence police said Mejia shot Ricky Saunders, 32, of 118 Donelson St., Wanskuck, , in front of 15 Sassafras St., on Sept. 27 between 3 a.m. and 3:30 a.m.

The police said a sip joint -- a place to get alcohol when nightclubs, bars and liquor stores are closed -- was operating that night at 15 Sassafras.

A problem that left some Rhode Islanders unable to access their unemployment and disability benefits has been fixed, according to the state Department of Labor and Training.

J.P. Morgan Chase has corrected the problem with its electronic payment card and has been working to credit all affected accounts by this morning, the DLT said.

According to the DLT, J.P. Morgan Chase had a telecommunications system error Tuesday that caused several Rhode Island unemployment insurance and temporary disability insurance recipients using the J.P. Morgan Chase electronic payment card to be denied access to their benefit payments.

In a press release yesterday, the department said it knew of five customers who were affected.

The DLT advises recipients with problems or questions to contact J.P. Morgan Chase toll-free at 1-866-847-8586.

On this day in 1945, the United Nations charter took effect.

On a local note, on this day in 1999 Sen. John Chafee, R-R.I., died at age 77.

Read more about today in history.

PROVIDENCE -- A cold start for what promises to be a beautiful (autumn) day.

Patchy fog before 9, but sunny otherwise with a high near 60, according to the National Weather Service.

Tonight it'll be partly cloudy with a low around 38.

It will all change in time for the weekend.

The National Weather Service forecasts temperatures to remain in the low 60s but showers should move in around 3 p.m. Thunderstorms are possible Saturday night.

For more on the latest weather conditions, visit projo.com/weather.

Today's front page features a report that the state is selling short-term bonds to residents, businesses and financial institutions to avert serious financial problems.

Download a copy of the front page in .pdf format.