Posted
By
Mark Davis
on Fri, May 4, 2018 at 12:28 PM
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Burlington Police
William D. Schenk
A divided Vermont Supreme Court on Friday overturned the disorderly conduct conviction of a Ku Klux Klan member who left recruitment flyers at the homes of two minority women in Burlington in 2015.
In a 3-2 opinion, justices ruled that William Schenk's action did not convey an "imminent threat of harm" as required by the law to support the charge.
Schenk, 21 at the time,
told investigators that he was on a KKK recruiting mission and distributed around 50 flyers that read "Join the Klan and save our land." But authorities said he left flyers for just two people: One of the women is African American, and the other identified herself as Mexican, according to court documents.
"The flyer is a recruitment solicitation — its overt message is to join the Ku Klux Klan," former associate justice John Dooley wrote. "It contains no explicit statement of threat. To the extent that it conveys a message of personal threat to the recipient, it is that the Klan will recruit members and inflict harm in the future."
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Posted
By
Mark Davis
on Wed, May 2, 2018 at 2:27 PM
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Courtesy of Penny Thibault
Left to right: Dennis, Jerry, Penny and Sean Thibault. The young men were Penny and Jerry's children.
A convicted drug dealer has been charged with providing the fentanyl that killed two brothers in Burlington in 2015, police said.
Robert Robidoux, 34, of Richmond, is charged with selling a drug, death resulting, in the deaths of Sean and Dennis Thibault. The offense carries a 20-year maximum sentence. He's also charged with selling heroin.
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Posted
By
Taylor Dobbs
on Wed, May 2, 2018 at 11:57 AM
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Luke Eastman
The vote means saliva testing likely won't become law this year.
A Senate committee voted down a bill Wednesday morning that would’ve allowed Vermont police to gather saliva samples from drivers suspected of driving while on drugs. The legislation would’ve allowed roadside collection of saliva samples, similar to the current use of breath tests for alcohol impairment.
The proposal was designed to help law enforcement check for stoned drivers once recreational marijuana becomes legal for adults in July.
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Posted
By
Mark Davis
on Tue, May 1, 2018 at 3:29 PM
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Courtesy of Vermont State Police
Leroy Mason
We've all been there. You're cooking an omelette or burger on the stove, get distracted and, within seconds, your smoke detector is blaring and your blood pressure is skyrocketing.
But we haven't all unloaded in the way that Leroy Mason allegedly did on Monday.
Fed up with "frequent false alarms," the Barton man made like Doc Holliday in the O.K. Corral, twice blasting his smoke detector with a 20-gauge shotgun, Vermont State Police said.
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Posted
By
Mark Davis
on Wed, Apr 25, 2018 at 5:01 PM
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Courtesy of the Vermont Department of Health
A testing kit
The Vermont Department of Health has quietly distributed fentanyl testing kits to heroin users during the past 15 months as part of a pilot program officials hope to expand statewide.
The kits, which allow users to determine if heroin is laced with the potent, often undetectable opiate, have been handed out to 130 people across the state, Health Department officials told
Seven Days.
Health Commissioner Mark Levine said that the project has been a success: 90 percent of users said in follow-up interviews that they changed their behavior — by discarding the batch of heroin, using less, making sure they had an overdose-reversing drug on hand, or using in the presence of someone else — if the kit detected fentanyl.
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Posted
By
Taylor Dobbs
on Mon, Apr 23, 2018 at 5:54 PM
File: Matthew Thorsen
In-car computers scan plates from photos of vehicles.
The Vermont State Police and 17 other law enforcement agencies in the Green Mountain State have stopped using automated license plate readers, resulting in a steep decline in the amount of data collected about vehicles on Vermont’s roads.
State Police Capt. Kevin Lane told the House Judiciary Committee Friday that the agency stopped using the technology because of state rules put into place in 2016 and the potential cost of replacing the devices as they reach the end of their useful lifespan.
“Looking at replacements was expensive, and some of the reporting requirements when the law changed were very challenging to meet,” Lane said.
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Posted
By
Mark Davis
on Mon, Apr 23, 2018 at 12:22 PM
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File Pool Photo: Glenn Russell / Burlington Free Press
Jack Sawyer with defense attorney Kelly Green in court
Rutland County State's Attorney Rosemary Kennedy has dismissed the most serious charges against the former student who allegedly plotted a massacre at Fair Haven Union High School.
The decision, which comes after weeks of legal challenges, could pave the way for 18-year-old Jack Sawyer to soon be released from jail.
The move has seemed inevitable since April 11, when the
Vermont Supreme Court overturned Judge Thomas Zonay's decision to hold Sawyer without bail on the charges — three counts of attempted murder and one count of attempted aggravated assault. He still faces two misdemeanor charges of criminal threatening and carrying a dangerous weapon.
In their ruling, justices said Sawyer's actions were "preparatory" and not "undertaken in the attempt to commit a crime."
In a Friday filing with the court dismissing the charges, Kennedy said the Supreme Court decision rendered the charges "untenable" and left her with "no choice."
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Posted
By
Mark Davis
on Wed, Apr 18, 2018 at 5:53 PM
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Facebook
Kevin DeOliveira
A former Champlain College student pleaded guilty Wednesday to charges that he killed a Burlington man in 2015 over a cocaine debt, the U.S. Attorney's Office said.
Richard Monroe, 25, pleaded guilty in U.S. District Court in Rutland to a firearms charge for fatally shooting
Kevin DeOliveira, 23, and to conspiracy to distribute cocaine. Monroe's plea agreement calls for a 25-year prison sentence, the U.S. Attorney's Office said.
Federal authorities said that in late 2014, Monroe and DeOliveira argued about several ounces of cocaine that had been damaged. DeOliveira, a New Jersey native, claimed that Monroe owed him several thousand dollars. Monroe disagreed.
On the morning of January 2, 2015, Monroe approached DeOliveira's Greene Street apartment. When DeOliveira opened the door, Monroe shot him once though the eye with a .22 pistol, authorities said.
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Posted
By
Mark Davis
on Tue, Apr 17, 2018 at 6:30 PM
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Pool Photo: Glenn Russell / Burlington Free Press
Jack Sawyer with defense attorney Kelly Green in court
A Rutland Superior Court judge set bail Tuesday at $100,000 for the teenager who allegedly planned a massacre at Fair Haven Union High School.
Jack Sawyer, 18, who previously had been held without bail, could soon be heading to an inpatient mental health program. Sawyer's attorney, Kelly Green, said
arrangements have been made for him to be admitted to the Brattleboro Retreat as soon as Wednesday.
It was not immediately clear if Sawyer would be released from jail. In an interview, Green said the Sawyer family would not post bail Tuesday but was "pursuing it."
Judge Thomas Zonay ordered that if Sawyer does post bail, he must be on 24/7 curfew at his father's home in Poultney. The judge also said he is open to having Sawyer go to the Brattleboro Retreat.
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Posted
By
Mark Davis
on Tue, Apr 17, 2018 at 1:55 PM
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Mark Davis
Attorney General T.J. Donovan
No charges will be filed against nine police officers who fatally shot an armed bank robbery suspect on the Montpelier High School athletic field in January, authorities announced Tuesday.
An hour and a half after Nate Giffin, 32, robbed a nearby bank, police shot him, firing 21 to 23 rounds. Authorities said Giffin repeatedly raised his gun, even after being wounded. It turned out to be a BB pistol.
Giffin, a Burlington resident, repeatedly threatened police and made suicidal statements, Attorney General T.J. Donovan
said. Giffin pointed his weapon at officers who had scrambled to the school, which was in session. Students were put on lockdown.
"I'm not going back to jail, so something is going to happen," Giffin told officers during the hour-long standoff. He made other statements, such as "Are you guys ready? We're going to rock and roll," and "Tell my dad I'm sorry," according to authorities.
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