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Judge fails to find probable cause for assault charges against 2 Vt. troopers

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Judge fails to find probable cause for assault charges against 2 Vt. troopers


NEWFANE, Vt. (WCAX) – A judge has failed to find probable cause for charges of simple assault against two Vermont troopers.

Vermont State Police Sgt. Ryan Wood and Tpr. Zachary Trocki were cited on misdemeanor charges of simple assault and reckless endangerment Monday in connection with a use of force incident last summer.

The charges followed an investigation by the Vermont Attorney General’s Office into an incident last June at a home in Newfane. Troopers were called to a report of someone acting irrationally and causing damage. When Wood and Trocki arrived at the scene, they found Marshall Dean, 61, on the roof. The troopers said they tried to de-escalate the situation but were not successful. Eventually, they shot a nonlethal beanbag round at Dean, which hit him. He fell about 15 feet to the ground and was seriously injured.

The Attorney General’s Office determined the use of force was not justified given the circumstances of the incident, and on Monday directed Vermont State Police to cite the troopers.

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But Wednesday, Windham County Superior Judge Katherine Hayes found the court is unable to find probable cause for the simple assault charge and that the affidavit fails to establish that shooting the beanbag caused Dean’s fall.

The reckless endangerment charge stands.

In a statement, the Vermont Troopers’ Association called the attorney general’s decision to bring charges unwarranted and said the judge’s decision Wednesday highlights concerns the group raised when learning its members would be criminally charged. “Sergeant Wood and Trooper Trocki were lawfully performing their official duties in good faith. Their goal in using a less lethal bean bag round was to bring the situation to a peaceful and safe conclusion. If any question of their actions exists, it is one of Vermont State Police policy and procedures, not criminal conduct.” The statement went on to say, “The actions of Attorney General Clark are misguided and dangerous for Vermont law enforcement and the citizens of Vermont.”

Earlier this week, a judge threw out charges against another Vermont trooper.

Tuesday, Judge Kerry McDonald-Cady dismissed charges against Tpr. Robert Zink, who was accused of assaulting a handcuffed suspect. That ruling came as Zink’s jury trial was set to get underway in Bennington. His lawyer filed a motion to dismiss stating the Attorney General’s Office was late in submitting evidence in time for a fair trial.

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McDonald-Cady dismissed the case with prejudice, meaning the AG’s office cannot refile the charges at a later date.

Vermont Attorney General Charity Clark blamed state police in that case, saying they failed to come up with documents in a timely manner. But state police refuted that claim, calling her decision to blame them “unfortunate.”

Our Adam Sullivan is gathering more details and reaction on this story and will have a full update for you tonight on the Channel 3 News starting at 4 p.m.

Related Stories:

2 Vermont troopers cited on criminal charges in use-of-force incident

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2 troopers face criminal charges over bean bag gun incident

Officer-involved use of force investigation underway in Newfane

Judge throws out assault case against trooper

Shaftsbury man sues Vt. State Police over excessive force

Vermont state trooper pleads not guilty to assault

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2 Vermont officers charged in separate cases with assault



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Vermont

Made in Vermont: Lauren’s Cheesecake

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Made in Vermont: Lauren’s Cheesecake


WATERBURY, Vt. (WCAX) – If she’s in her purple kitchen, you can bet Lauren Alpert is whipping up something wonderful. That “something” is cheesecake.

“I love cheesecake,” she says with a smile. And, she has loved it since she was a kid growing up in Manhattan. “That’s where the home of New York-style cheesecake is, right?”

Despite its beginnings in the Big Apple, the start of this story takes us overseas to Hamburg, Germany. That’s where Lauren’s brother, Jeff, lives.

“[He] could not find any good cheesecake there,” says Alpert. “So, he decided to start his own business.”

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Jeff’s Cheesecake was a smash hit in Europe and just recently expanded into its own café. After taking off, Jeff decided to share a slice of the success.

“He was here visiting once and we were talking about it and did a little baking together,” Alpert recounts. “Decided hey, let’s bring it to Vermont.”

Around five years ago, she launched Lauren’s Cheesecake, baking in a commercial kitchen in her Waterbury home.

“I think I was ripe for something a little different to go along with my job,” she says.

Different — and delicious. Her handmade cheesecakes come in all sorts of flavors, including original, lemon, peanut butter, even raspberry swirl. Alpert won’t give out the secret to a delicious cheesecake, but notes she does skip the typical water bath.

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“We call it handmade and I try to stress that because if there’s a little crack in it, it’s still delicious,” she says.

Alpert spends her evenings getting the goodies ready for whirlwind weekends of markets and customer pickups. At this point, she’s got the process down to a science.

“I’m very strategic. It’s like, OK, let’s get those crusts made so that tomorrow night we can put the batter in,” she says.

With recipes now committed to memory, time spent mixing and baking is more therapeutic than anything else.

“I can actually spend hours down here and not realize, ‘Oh my gosh, where did the day go,’ you know?”

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The cheesecakes come in three sizes: 4-inch, 6-inch and 9-inch. She also makes them gluten-free, so even people with allergies can enjoy them.

“Because so many people love cheesecake, it’s like 99% of the population is what I like to say,” she laughs.

Once they’re all whipped up, she brings them to local businesses and events for customers to enjoy. You can find Alpert at the BTV Market in Burlington’s City Hall Park on Saturday mornings or at the Richmond Farmers Market on Friday afternoons. Her list of events can be found here.

No matter where you cash in on the Alpert family cheesecake, be it Germany, Vermont, a café or a farmers market, they’re guaranteed to be tasty… and made in Vermont.

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Meet Vermont’s new director of Health Care Reform

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Meet Vermont’s new director of Health Care Reform


Waterbury, VT- The Agency of Human Services has appointed Brendan Krause as the newest director of Health Care Reform.

Krause has an extended history working in health systems and policy. After graduating with a B.A. degree from the University of Florida and earning his Masters degree at the London School of Economics, he worked in Washington D.C. for eight years in the Health Policy Division of the National Governors Association.

Following his time in D.C., Krause moved back to the United Kingdom to work with Optum and the UK’s National Health Service to improve population health management.

Most recently, he served as Head of International for Health at Uber where he worked to minimize transportation barriers to healthcare access.

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Krause’s expertise will help the AHS in their mission to improve the conditions and well-being of all Vermonters. “We are excited to welcome Brendan Krause to the AHS team,” said Jenney Samuelson, AHS Secretary. “His extensive experience and innovative approach to health care reform will be invaluable.”

Krause now resides in Burlington with his wife and dog.



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Celebration of women’s sports: How Vermont Green FC women made smashing debut

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Celebration of women’s sports: How Vermont Green FC women made smashing debut


The Vermont Green FC women took center stage at Virtue Field on Saturday night and Sam Mewis — World Cup champion, U.S. Olympian and former professional women’s soccer player — was as nervous as she had ever been watching a match. 

The Vermont Green FC, with Mewis as a coach, were facing off against FC Laval in their inaugural women’s friendly and the two teams were headed to penalty kicks. 

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“(It was) akin to watching the national team take penalty kicks at the Olympics, that’s how I felt on the sideline, this intense stress,” Mewis said. “I think it is something I have been missing in my life, really caring about this moment and how it would affect the team.”

The Green delivered and erased their coach’s nerves with a win, outscoring Laval 5-4 in six rounds of the shootout after the two teams ended regulation tied 1-1.

“I cared about that game literally more than I have cared about anything in so long,” said Mewis, who was making her coaching debut. “That was so awesome. I am so proud of the team.” 

Vermont keeper Olivia Dubin made a save in the final round of penalty kicks and Roshann Purcell fired it in to lift the home team to the victory. 

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“I just wanted to honor my teammates hard work so badly, they had put in everything for the last 90 minutes, put in everything for the last three days and I just wanted to come up big for them,” Dubin said of her big stop. “I was in disbelief, the crowd was unbelievable.”

For the sold-out crowd at Virtue, the score may have been the least important part of the night. From the start, with escorts out for the lineups from young female soccer players, to an all-female reffing crew to handmade signs around the stands celebrating women’s sports, the night was a celebration of women’s soccer. 

“It was surreal, I have never played in front a crowd that size and with that much electricity,” said Olivia White, a Pittsford, Vermont native who captained the inaugural team. “It was very exciting, all of the girls were really excited and it’s a feeling that I will never forget.

“This is women’s soccer, and I am glad that we can show how much potential women’s soccer has and how much growth we have seen from it and women’s soccer is the future.”

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And the Green and Laval delivered a competitive match on the field. Despite just three days to train together, the Vermont players had the game’s early chances, with Neve Renwick finding room behind the defense for a few chances on goal. 

“It was hard at first but as the days went on we became more connected with each other, we became a team who definitely put a show on here tonight,” Renwick said of the team’s quick timeline. “I am so glad we won.”

It was Renwick who broke through for the first-ever goal for the Vermont women, breaking a scoreless tie in the second half. Milton’s Emma Wennar a threaded a near-perfect pass through a defender to Renwick, who dashed in alone on the Laval keeper and fired a shot into the back of the net.

“This is insane, the atmosphere, the people, scoring in front of the fans, there couldn’t be a better feeling,” Renwick, who hails from England and was in Vermont for the first time, said. “Genuinely, I am in awe.”

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The score set off a celebration at Virtue Field, with the Vermont Green players marveling at the excitement for the team’s first ever goal. 

“I got goosebumps,” Wennar said of the moment. “It was pretty incredible.”

It looked like the goal would be enough to carry the Green to a win but FC Laval struck in the final minute of regulation. Laurie-ann Moise made an excellent move at the top of the box to shake her defender and then fired it past Dubin for a 1-1 score. 

The two teams went to penalty kicks, where the squads traded goals until Dubin stepped up with a big save in the sixth round and Purcell followed it with a decisive score to clinch the triumph and set off another Virtue celebration — this time with the overflow crowd lining the fence behind the goal. 

“It was incredible, I have never even seen a crowd like this for my college games,” Dubin said. “It was just so cool to see so many people of all ages, of all demographics, to come and show the love for us.”

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The night ended with fans of all ages rushing on to the field to meet their new women’s sports heros, lining up for autographs and selfies with the players and Mewis, an outpouring of excitement that seemed to overwhelm all of them.

“This is the most autographs I have signed in my whole entire career, and I love it,” Renwick said. “Ranging from 70 year olds to two year olds, it’s crazy … Vermont is becoming more established in women’s sports, and this is the place to be.”

And for the players and coaches, they hope this only the beginning for the Vermont Green women’s team and are excited about what the future holds. 

“There is so much enthusiasm around women’s sports right now, especially around women’s soccer,” Mewis said. “It seems like women’s soccer is in this time of explosive growth and to be able to bring a game like this, with players like this to Vermont — Vermont Green is already a well-established club and to see how much they value the women’s game as well and their goals for the future of it is really inspiring so honestly i am just really humbled and proud to be a part of it.”

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