MONTPELIER, Vt. (WCAX) – The Vermont Attorney General’s Office says that the case of two troopers charged with reckless endangerment following a 2022 incident in Newfane has been referred to court diversion.
The incident happened last June at a home on Route 30 in Newfane. Sgt. Ryan Wood and Trooper Zachary Trocki were called after 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. At the time, the troopers said they tried to de-escalate the situation but were not successful. Eventually, they shot a nonlethal bean bag round at Dean, which hit him. He fell about 15 feet to the ground and was seriously injured.
The attorney general initially charged the troopers with assault and reckless endangerment, leading to some strong criticism of AG’s office for prosecutorial overreach. But a judge last May ruled there was not probable cause for the simple assault, leaving only the reckless endangerment charges.
Attorney General Charity Clark in a statement Thursday said she was pleased with the latest outcome. “It is my hope that this referral will allow the victim, the police officers, and the community to heal and move forward together. Through a restorative justice process, people take responsibility for their actions and discuss with the victim and the community how to repair the harm caused,” she said. Clark added that 20% of Vermont’s misdemeanor cases are referred to court diversion.
There was no immediate response from the troopers or their lawyer.