The Burlington Police Department publicly criticized Chittenden County State’s Attorney Sarah George’s decision not prosecute a case related to a late-night shooting on Church Street earlier this year.
George concluded in her review of the case that there were not sufficient grounds to move forward with prosecuting Carl Martin, who police had arrested in August on three charges related to his involvement in a February shooting that left a bystander hospitalized with life-threatening injuries.
In an unusual move, the Burlington Police Department issued a statement Friday morning saying that they were in “respectful but principled disagreement” with George’s conclusion. It is rare for law enforcement departments and prosecutors to split so publicly over charging decisions.
The charges stem from an altercation in late February between Martin, his brother Dennis Martin, and Rashad Nashid outside of Nectar’s in downtown Burlington. Nashid and Dennis Martin were involved in a months-long dispute over a girlfriend, police say.
After simmering through the evening, the disagreement escalated in the early hours of the morning as the bars were closing when Carl Martin and Nashid, who were both carrying handguns, “chose to resolve their conflict with what can only be described as a ‘wild west’ shootout,” police said in a press release issued in August.
After Carl Martin punched Nashid in the face, both men pulled out their guns, according to police accounts of the incident. Nashid subsequently fired his weapon twice. One bullet struck 27-year-old bystander Chelsi Parker, who was hospitalized with life-threatening injuries. The other went into a nearby apartment, according to authorities.
Nashid was arrested shortly after the incident and continues to be held in federal custody on firearms possession charges. He is due in criminal court in Chittenden County later this month on four charges related to the incident.
Carl Martin fled the scene with his brother after the shooting, according to law enforcement. Police arrested him in mid-August on charges of aggravated assault, aggravated disorderly conduct and reckless endangerment for his actions in the altercation with Nashid.
George, however, wrote in a two-page letter explaining her decision that the evidence shows that Martin was acting in defense of his brother when he threatened Nashid with his firearm — which provides him with a statutory defense against the crimes he was charged with.
“Mr. Martin’s actions were irresponsible, dangerous and injudicious. However, given the totality of the circumstances, his actions were not criminal,” George wrote.
The Burlington Police Department disagreed with her conclusion.
On Friday, the police department said that they pursued charges against Martin because of a series of decisions he made that February night, including choosing not to seek help but instead arming himself, punching Nashid in the face, and brandishing a gun at him. They contend that the bystander would not have been injured if Martin had acted differently.
“We felt a courtroom of Vermonters should consider whether or not Carl Martin needed to preemptively attack Nashid with a fist and a gun to protect his brother,” the police statement reads. “The consequences were too serious for the city to accept his word without a judicial process.”
George declined to comment on the police statement over the weekend. She said she believes her letter declining to pursue charges “speaks for itself.”
Burlington Mayor Miro Weinberger also weighed in on Twitter, siding with the city’s police department in its critique of George’s decision.
Our police department is right on this one. A night of gun violence in downtown #BTV like this should be judged by Vermonters in a court of law. A free pass sends the wrong message https://t.co/gMNMZH6p2Q
— Miro Weinberger (@MiroBTV) September 7, 2018
“A free pass sends the wrong message,” he wrote.
Carl Martin charging decision letter (Text)
Read the story on VTDigger here: Burlington mayor and police chief chastise Chittenden County state’s attorney.