By Guy Page
Vermont Attorney General Charity Clark’s office has directed the Vermont State Police to cite two of their own for simple assault and reckless endangerment following a 2022 non-lethal beanbag shooting of a disturbed man, the VSP said Monday.
In July 2022, the Vermont State Police completed its investigation into the June 17 use-of-force incident that resulted in significant injuries to Marshall Dean in Newfane. VSP treated the matter as an officer-involved shooting. Per standard protocol in such cases, state police turned over the full investigative file to the Vermont Attorney General’s Office for review.
Trooper Zachary Trocki, left, and Sgt. Ryan Wood
The Attorney General’s Office has concluded its review and Monday directed the Vermont State Police to cite Sgt. Ryan Wood and Trooper Zachary Trocki of the Westminster Barracks on charges of misdemeanor simple assault and misdemeanor reckless endangerment. The Attorney General’s Office determined the use of force was not justified given the circumstances of the incident.
Trocki and Wood are scheduled to appear for arraignment at 8:30 a.m. Tuesday, May 30, in the Criminal Division of Vermont Superior Court in Brattleboro.
Following routine procedure when a use of force is under review by prosecutors, Trocki and Wood have been on paid administrative duty at the barracks since the incident. They have now been suspended, and will be off payroll following arraignment.
Sgt. Wood was hired as a trooper in 2012 and upon graduation from the Vermont Police Academy was assigned to the Rockingham Barracks. In 2016 he was assigned to VSP’s Narcotics Investigation Unit, and the following year was promoted to sergeant and transferred to the Westminster Barracks.
Trooper Trocki was hired in fall 2021 and assigned to the Westminster Barracks following his graduation from the academy in spring 2022. He is the trooper who deployed the bean-bag round in the course of this incident.
Wood and Trocki were the only troopers on scene at the time of the incident.
O’Neil, reached by phone, said the VTA leadership along with veteran defense lawyers David Sleigh on behalf of Wood and Robert Sussman on behalf of Trocki are “outraged” by the decision by Attorney General Charity Clark.
Clark has ordered state police to issue citations to Wood and Trocki for reckless endangerment and simple assault, O’Neil said.
Vermont Troopers Association Executive Director Michael O’Neil said last week there is a strong objection to what he called “the criminalization of a split-second public safety decision” by Clark’s office. He said the issue should be dealt with internally through policies and procedures, Mike Donoghue of Vermont News First reported.
Under Vermont law, a person is guilty of simple assault if he or she:
(1) attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another; or
(2) negligently causes bodily injury to another with a deadly weapon; or
(3) attempts by physical menace to put another in fear of imminent serious bodily injury.
State law says reckless endangerment occurs when “a person who recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury….Recklessness and danger shall be presumed where a person knowingly points a firearm at or in the direction of another, whether or not the actor believed the firearm to be loaded, and whether or not the firearm actually was loaded.”
A person who is convicted of either simple assault or reckless endangerment shall be imprisoned for not more than one year or fined not more than $1,000.00, or both, unless the offense is committed in a fight or scuffle entered into by mutual consent, in which case a person convicted of simple assault shall be imprisoned not more than 60 days or fined not more than $500.00, or both.
It is unclear whether conviction of misdemeanor simple assault or reckless endangerment conducted in the line of duty would qualify for decertification as a Vermont police officer. State law lists as a “Class A” decertification offense “a misdemeanor that is committed while on duty and did not involve the legitimate performance of duty.”
Decertified police officers are no longer eligible to work as police in Vermont.
Guy Page is publisher of the Vermont Daily Chronicle. Reprinted with permission.
Well, at least they weren’t rapping off duty, that’s how we lost some good state troopers a couple weeks ago.
Bean bags.
How about pillow fights, are they allowed for tha apprehension of possible criminals? We certainly need more information.
Hey, has anybody seen or heard from the VTGOP or the gov on all this hatred and nonsense with our state troopers? I think they should be patrolling the karaoke bars off hours and fire any of the troopers caught singing off key.
If we don’t watch out we could have the troopers catching criminals and drug dealers in this state, we can’t have that!
Awfully quiet in Montpelier, nobody seems to back up our men and women in uniform.
Chatty clark needs to get over herself.she just pissed now that the case got dropped because her inept department couldn’t get all the evidence needed and the judge dropped the case. It was a no brainier anyway as they used non leathal force on him. Where do find these idiots anyway? The cops should quit and put the VSP in more of a under staffed position and sue her for defamation.
Follow the money to Nantucket – also, see Shumlin
https://campaignfinance.vermont.gov/Public/FiledReports?FileName=FileDisclosureReport_147785f2-b420-447d-93f3-a3a2bdfa2421.pdf&memVersID=2022&committeeID=242741&reportingPeriodID=137&cTypeCode=2022
It would’ve been good to link to a thorough account of the incident precipitating these charges against the two troopers. (Maybe I missed it?) Then one could decide for herself whether this is an example of a liberal attorney general running amock, or an example of poor judgement and excessive force on the part of the cops.
The earlier comments lean towards the former, without giving any reasons.
On Vermont Digger, they say he was a 61-year-old man on the roof, causing damage to the house, apparently a guest gone amok. They tried to deescalate the gentleman, with no success, and bean bagged him. Judge said the bean bagging was not the cause of his 15-foot fall to the ground, which did the damage. Didn’t say how long he was up there, no video (we need police cameras to protect the police), didn’t say what damage was done to the house, etc. Seems a bit novel idea to protest, being on a roof….falling off a two story building, yeah I can’t imagine how much that hurt, at 61 we certainly don’t bounce. He probably would have gotten hungry or had to sleep at some point…..how many days would he be up there. Seems very non-compliant and resisting arrest/questioning at the very least.
This Attorney General apparently has a very unhealthy distrust and, dare I say irrational hatred of police.
I wont blame her entirely…it’s probably just the way she was raised. I do however blame the majority of the voters of Vermont who look only at party labels when they cast a ballot. This moonbat was a relative unknown and now we know her all too well. Liberalism is a mental disorder. Someday, she may need the services of the police and come to know just how essential and professional they are.
What a sick joke it all is.. and they wonder why they can’t hire enough police officers.
They wonder why people are fleeing the Blue states of dysfunction.
The state government in Vermont has become extremely weaponized and unsafe for anyone doing anything they don’t approve of..
These tyrants even trample right over the Governor- what do you think they’ll do to you?
I wonder if you realize the irony in your statements?
The government is weaponized, – 100%
Who is it they use for their enforcers? – The police (Polic/y enforcers) without whose willing compliance the rest of the government couldn’t cause us any harm at all. Or are you claiming you’ve been pulled over and extorted for cash by one of the legislators?
Well it is weaponized mostly against good people, we let the criminals go. We don’t even arrest the big crooks, they live on state street.
They just gave themselves a big raise, there is that. They didn’t ask, they just did it, and is we don’t pay them, they will lien your property, garnish your wages and that you monetarily worse than the mob, but no they don’t pull you over and ask for cash, they are more sophisticated than that.