Update: No bail for suspect in Providence woman's killing
4:29 PM Fri, May 15, 2009 | Permalink
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By Tom Mooney PROVIDENCE, R.I. - The murder Thursday of 26-year-old Linda Encarnacao has prompted two domestic violence agencies to issue a statement Friday saying the decision to dismiss an earlier assault charge against the man now accused of killing her left him unaccountable for his earlier actions. 
Providence Journal photo / John Freidah
Herbert Byrd is arraigned
The police have arrested Herbert Byrd, alias Jamel Spears, in connection with the homicide of the young mother who was found Thursday morning in her burning apartment in the Reservoir Triangle neighborhood. Byrd was ordered held without bail during an appearance in Providence District Court Friday afternoon. He is charged with first-degree murder and first-degree arson. He did not enter a plea in District Court because the charges are felonies and Superior Court has jurisdiction. Firefighters rushing into Encarnacao's burning second-floor apartment just after 9 a.m. Thursday discovered her lying just outside her kitchen in the apartment at 12 Yarmouth St. The police say Byrd's motive was jealousy. Byrd and Encarnacao have a child together and while Byrd wanted "a more substantial relationship" with Encarnacao, "she was resisting those overtures," Providence Police Commander Paul Kennedy said at a news conference Friday morning. The police said Byrd had been charged with one count of simple assault against Encarnacao last year, but that she later dropped the charge. According to police reports, a crying Encarnacoa approached two police officers issuing parking tickets outside her house at 122 Allston St. on Sept. 3 and, looking shaken and nervous, told them that her boyfriend had tried to strangle and rape her. She said she and Byrd had been having an argument in the second floor kitchen and, while she still had her 2-year-old child in her arms, he began to choke her with both hands until she passed out. She reported that when she came to, she found that Byrd had removed his pants and underwear, but that she managed to push him away and flee. Byrd was captured inside the house a few minutes later hiding under some trash bags in the second floor hallway and charged with one count of domestic simple assault, which they insist was dropped on the recommendation of the state Attorney General's office after the woman said she didn't want to press charges. "We're not pointing fingers, but we're saying from a data-analysis perspective we have an alarmingly high dismissal rate in Rhode Island and particularly in Sixth District court, which covers Providence,'' said Deborah Debare, executive director of the Rhode Island Coalition Against Domestic Violence. Intimidation often prompts victims to drop charges against their attackers, which is why in Rhode Island "a victim's testimony is not required to move forward in the prosecution of a domestic-violence crime," said DeBare and Kris Lyons, executive director for the Women's Center of Rhode Island. Commander Kennedy said he agreed with Lyons and DeBare that prosecutors -- who ultimately decide whether to move forward with a case -- should use other supporting evidence in domestic-assault prosecutions. But in those cases where charges are dropped, "most of those didn't have accompanying other evidence to support that charge. And in the absence of that, what judge is going to go forward without other evidence? "We're very sensitive to the domestic violence that occurs here, and if there is other evidence that supports a case, rest assure, we use it," he said. DeBare and Lyons stressed in their joint statement that in its ruling May 6 in the case of State v. Gerardo Cardona, the Rhode Island Supreme Court reaffirmed that a victim's testimony is not required for a case to move forward. Of the 4,487 cases of domestic violence disposed of last year in Rhode Island, 40 percent resulted in dismissals, according to the coalition. In Providence, 60 percent of cases were dismissed. "This is very clearly a systems failure to hold batterers accountable and keep victims safe,'' the directors said. Encarnacao was stabbed, strangled and beaten, Kennedy said. He said it was unclear whether one or all of those injuries caused her death. Police Capt. James Desmarais earlier said the state medical examiner's office, which conducted a preliminary autopsy yesterday, would conduct a full autopsy Friday. When firefighters found Encarnacao in her apartment, they carried her outside and tried to revive her, to no avail. Her blood covered the jacket of one of the firefighters. Encarnacao's children, ages 2 and 4, are staying with the victim's mother, according to the police. The police say this is the sixth homicide in the city this year. -- With reports from Journal Staff Writer Kate Bramson This story was originally published at 9:24 a.m. and updated at 9:50 a.m.,10:43 a.m., 11:47 a.m., 2:06, 2:19 p.m. and 4:18 p.m. 
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Excellent police work Prov PD...
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How sad.... god bless those poor children. I hope they didn't have to witness this!
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I believe that in some states once someone has been charged with a violent crime the victim cannot just drop the charges. I think Domestic violence should be among thease crimes and once a charge has been filed an thourough investigation should take place and then only the State should be able to drop the charges. I don't kow if this consittutes the same as not needing the victims testimony to prosecute but It just seems like a no brainer to me. But leave it up to King Don and his group of Court Jesters to not get it.
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Barbara: The article says: "Encarnacao's children, ages 2 and 4, are staying with the victim's mother, according to the police."
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How sad. May God step into those children's lives and save them from a life of crime and disaster. My hope is that the mother of the victim raises the children well so that they grow into law abiding, responsible, well rounded adults. Send daddy to jail for life.
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just cause the girlfriend and boyfriend had problems is the past does not put the boyfriend at guilt so leave your comments to your self. who are you to judge someone? your not god.
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my heart felt condolences go to this young woman and her family. may God bless her children and give her mom the strength to care for the two children she leaves behind. the state of RI needs to take domestic violence more seriously. i think the police, prosecuters, and the courts need to be made more aware just how serious DV is in this state. I am curently fighting an on going dv case, have been for many years and justice has yet to prevail in my case, and i have very little hope that it ever will.
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