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Home Local NNY News

Charge dropped against Vermont State Police troopers in nonlethal beanbag assault case

May 24, 2023
in Local NNY News
Charge dropped against Vermont State Police troopers in nonlethal beanbag assault case
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A judge has dropped a simple assault charge against two Vermont State Troopers accused of shooting and injuring a suspect during an encounter last summer in Newfane, according to the Vermont Troopers’ Association.Windham County Superior Court Judge Katherine Hayes issued an entry order finding the court unable to find probable cause for the simple assault charge against Vermont State Police Sgt. Ryan Wood and Trooper Zachary Trocki.Wood and Trocki were suspended after they shot Marshall Dean of Newfane last summer with a nonlethal beanbag round during an investigation.Hayes said the affidavit fails to establish that the shooting of the beanbag caused Dean’s fall and subsequent injury in the June 2022 incident.Wood and Trocki have been on paid administrative duty since the incident last year. They have now been suspended and will be off payroll following the arraignment, which is scheduled for May 30, to answer to charges including simple assault and reckless endangerment. The Vermont Troopers’ Association issued a press release regarding the judge’s decision on Wednesday, saying that the reversal highlights the concerns that the matter should have been handled internally by Vermont State Police. The statement read, in part:”Attorney General Clark is attempting to criminalize police policies and procedures, while removing the supervision and oversight of the Vermont State Police from Public Safety Commissioner Jennifer Morrison and Vermont State Police Director Colonel Matthew Birmingham.”The actions of Attorney General Clark are misguided and dangerous for Vermont law enforcement and the citizens of Vermont.”The announcement comes a day after a Bennington County Superior Court judge dismissed a simple assault charge against VSP Trooper Robert Zink moments before his trial was set to begin. The charge stemmed from a 2021 incident in which it was alleged that Zink used excessive use of force during an arrest.The Vermont Troopers’ Association is now calling on Attorney General Clark to dismiss all charges against Wood and Trocki ahead of next week’s arraignment.NBC5 has reached out to the attorney general’s office for comment. Her office issued the following comment:”Prosecutors are subject to particular rules of professional responsibility that prevent us from commenting at this time.”This is a breaking news story. It will be updated when more information is available.Top video: See previous coverage

A judge has dropped a simple assault charge against two Vermont State Troopers accused of shooting and injuring a suspect during an encounter last summer in Newfane, according to the Vermont Troopers’ Association.

Windham County Superior Court Judge Katherine Hayes issued an entry order finding the court unable to find probable cause for the simple assault charge against Vermont State Police Sgt. Ryan Wood and Trooper Zachary Trocki.

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Wood and Trocki were suspended after they shot Marshall Dean of Newfane last summer with a nonlethal beanbag round during an investigation.

Hayes said the affidavit fails to establish that the shooting of the beanbag caused Dean’s fall and subsequent injury in the June 2022 incident.

Wood and Trocki have been on paid administrative duty since the incident last year. They have now been suspended and will be off payroll following the arraignment, which is scheduled for May 30, to answer to charges including simple assault and reckless endangerment.

The Vermont Troopers’ Association issued a press release regarding the judge’s decision on Wednesday, saying that the reversal highlights the concerns that the matter should have been handled internally by Vermont State Police.

The statement read, in part:

“Attorney General Clark is attempting to criminalize police policies and procedures, while removing the supervision and oversight of the Vermont State Police from Public Safety Commissioner Jennifer Morrison and Vermont State Police Director Colonel Matthew Birmingham.

“The actions of Attorney General Clark are misguided and dangerous for Vermont law enforcement and the citizens of Vermont.”

The announcement comes a day after a Bennington County Superior Court judge dismissed a simple assault charge against VSP Trooper Robert Zink moments before his trial was set to begin. The charge stemmed from a 2021 incident in which it was alleged that Zink used excessive use of force during an arrest.

The Vermont Troopers’ Association is now calling on Attorney General Clark to dismiss all charges against Wood and Trocki ahead of next week’s arraignment.

NBC5 has reached out to the attorney general’s office for comment. Her office issued the following comment:

“Prosecutors are subject to particular rules of professional responsibility that prevent us from commenting at this time.”

This is a breaking news story. It will be updated when more information is available.

Top video: See previous coverage

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