At a four day trial, Defendant was quoted as asking another driver through his open window if he wanted to see a frog leap. Not understanding the Defendant’s intention of the meaning of same, the other driver replied, “Whatever, Buddy.” From here we derive the meaning, or at least the Defendant’s meaning of watching a frog leap in the context of what two vehicles do after the light turns green. As both vehicles left upon control signal turning green, Defendant proceeded to drive his vehicle into the other lane of travel forcing that driver to swerve continuously onto portions of the breakdown lane or further right portion of the road. Needless to say, that this behavior continued eventually ending with Defendant’s vehicle having struck the other vehicle several times.
Defendant was charged with five counts of criminal conduct including reckless driving. His case was tried before a jury which returned a guilty verdict on the reckless driving. Defendant then leapt to the RI Supreme Court, briefing the court on the lower court’s failure to grant a motion for a new trial. The Supreme Court placed a hurdle before Defendant to see if the frog could leap over, to wit: Show Cause why the matter should not be summarily dismissed. On Show Cause briefing, the Defendant failed to leap over the hurdle and the court denied Defendant’s appeal killing any chance for Defendant to leap out of his conviction. See the Court’s Order summarily dismissing appeal at State v. Joseph Silva, No. 17-288.