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.

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.

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

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

2 Vermont officers charged in separate cases with assault

Copyright 2023 WCAX. All rights reserved.