2 troopers cited on misdemeanor charges of simple assault, reckless endangerment after projectile incident

On the recommendation of the Attorney General’s Office, Vermont State Police have cited two troopers on misdemeanor charges related to firing a bean-bag-type projectile at a 61-year-old Newfane man last June.

The Attorney General’s Office also determined that the two troopers’ use of force was unjustified after reviewing Vermont State Police’s investigation of the incident, in which the man fell off a roof and was seriously injured, the agency said in a press release on Monday.

Both troopers are represented by legal counsel who, last week, joined the Vermont Troopers’ Association in signing a letter denouncing the Attorney General’s Office’s findings and recommendations before they were released. 

Early on the morning on June 17, 2022, Sgt. Ryan Wood and Trooper Zachary Trocki of the Westminster barracks responded to a call from a Newfane resident who reported a man acting irrationally and damaging his home. When Wood and Trocki arrived at the home, they found Marshall Dean on the roof of his house.

The troopers unsuccessfully attempted to deescalate the situation, according to state police. Trocki then fired a bean-bag-type projectile at Dean, who, upon being hit, fell about 15 feet to the ground. Dean was transported by ambulance to Brattleboro Memorial Hospital, then was transferred to Dartmouth Hitchcock Medical Center in Lebanon, New Hampshire.

Vermont State Police launched a criminal investigation of the incident, following protocol for officer-involved shooting incidents. Both Wood and Trocki were placed on paid leave as the incident was investigated. As of Monday, Vermont State Police said both Wood and Trocki are now suspended, and will be off payroll following their arraignment next Tuesday at ​​the Vermont Superior Court in Brattleboro.

After they concluded their investigation, Vermont State Police turned their findings over to the Attorney General’s Office for its review and recommendation. Determining that their use of force was unjustified, the Attorney General’s Office recommended that Wood and Trocki be cited on charges of misdemeanor simple assault and misdemeanor reckless endangerment, according to state police.

The troopers’ attorneys and union said last week that the matter should have been handled internally.

“While an internal affairs investigation may result in a finding of a violation of policy and potential discipline, we do not believe this case rises to the level of criminal conduct,” they said in a press release last Thursday. “We believe this is setting a dangerous precedent for Law Enforcement officers throughout Vermont.”