Washington County State’s Attorney Rory Thibault announced Tuesday that his office will not be bringing charges against the officer who shot and killed a man in Montpelier in August.
Montpelier Police Cpl. Chad Bean shot 62-year-old Mark Johnson on the Spring Street bridge after Johnson raised what appeared to be a pistol in the direction of officers and refused to put it down after officers ordered him to do so. Johnson’s weapon was later identified as a pellet gun.
“The lack of lethality does not impact this analysis,” Thibault wrote in a memo to Vermont State Police, “as the officers on scene could not distinguish the true nature of the firearm based on the distance and lighting conditions at the time.”
Johnson was shot twice in the torso and rushed to Central Vermont Medical Center after the shooting, where he was pronounced dead.
Thibault wrote that the evidence in the case showed that when Bean opened fire, he did so “justifiably under the circumstances and consistent with the basis for justifiable homicide.”
He added that Johnson’s actions would lead a reasonable person to the conclusion that he intended to commit murder, justifying the deadly use of force.
Thibault wrote that he did not identify “meaningful opportunities” for employment of a nonlethal method of incapacitation, based on the lack of concealment available at the location, the unavailability of backup, and the risk presented by disengaging from the scene to secure less lethal means.
“The officers clearly attempted to maintain communication with the decedent, and made reasonable efforts to de-escalate the situation through engagement, changing the tone of their voices, and offering to help the decedent,” he wrote.
The Vermont State Police Major Crime Unit conducted its own investigation of the incident, as did the Attorney General’s Office. Thibault’s release of the results of his own investigation ahead of the attorney general’s report on the incident breaks with usual procedure after police shootings.
Thibault’s initial memo clearing the involved officers of wrongdoing was sent on Sept. 18 to VSP Detective Sgt. Angela Baker of the Major Crime Unit. He said he expected the attorney general’s office to release their report on Wednesday.
State police decided not to interview Bean and a second officer on the scene, Chris Quesnel, during its investigation, because they had already watched bodycam footage of the incident.
“The investigate technique used by the Vermont State Police is to interview officers involved in uses of force before they review video of the incident, to ensure they are speaking solely about their recollections of the events,” VSP spokesperson Adam Silverman said in an email Tuesday.
“This has been in place for more than a year,” he added. “In this instance, because the Montpelier officers were able to watch video of the incident before speaking with investigators, the state police was unable to interview them.”
Thibault said felt there was still value in interviewing the officers, so he opened a prosecutorial inquest and interviewed the officers as part of his review.
“While I respect the rationale for that policy, I disagreed with it in that I believe obtaining the accounts of the officers would provide a more complete understanding of the situation, provide greater transparency on the incident and enable the best decision by my office with respect to whether to bring criminal charges or whether to bring recommendations to our law enforcement partners on whether to change policy,” he said in a telephone interview Tuesday.
The VSP policy has created tension with local departments inclined to release videos to the involved officers or the public.
Burlington’s police chief said earlier this year that a request from state police prevented him from releasing the video of an officer punching a man who died days later. A judge ordered the release of the video after the Burlington police union filed a lawsuit on behalf of the involved officer requesting to see the video.
Thibault described the testimony of the officers in Montpelier as being consistent with the facts of the investigation and the determination to decline prosecution.
“Review of the incident demonstrated the significant past and on-going efforts of the Montpelier Police Department to be pro-active in training, and development of protocols or capabilities focused on the use of less-lethal means of force and effective responses to individuals in crisis,” Thibault wrote in a press release about the decision.
In the release, Thibault also extended sympathy to Johnson’s family and friends in the community.
“It is clear that Mr. Johnson was loved by many and held a special place in the hearts of many Montpelier residents,” he wrote.
A press conference about the decision will be held Wednesday at 1:30 at Montpelier City Hall.
Colin Meyn contributed reporting
Read the story on VTDigger here: State’s attorney won’t file charges against officer in Montpelier police shooting.