Troopers plead not guilty in bean bag incident

Reporter

BRATTLEBORO — Two troopers cited by the Vermont Attorney General’s Office for firing a bean bag round at a man on a roof in Newfane on June 17, 2022, appeared in Windham Superior Court, Criminal Division, Tuesday.

Both troopers were cited with simple assault and reckless endangerment, though on May 24, Windham Superior Court Judge Katherine Hayes dismissed charges of simple assault, finding no probable cause. On Tuesday, Hayes charged them both with reckless endangerment, to which they both pleaded not guilty.

According to an investigation conducted by the Vermont State Police Major Crime Unit, Sgt. Ryan Wood, 36, and Trooper Zachary Trocki, 29, responded to the home of Russell Buzby on Route 30 at about 2:40 a.m. to find Marshall Dean, then 61, on the roof of the home’s back porch.

Wood, who lives nearby but was off duty at the time, was notified of the ongoing incident by a neighbor. Trocki, who was also off duty, was contacted by dispatch and asked to assist.

Buzby, who died last November in a house explosion unrelated to the June 17 incident, told the troopers Dean was high on cocaine and heroin and was bleeding from an injury sustained when he entered the home through a window.

Wood later told investigators Dean’s behavior was more indicative of methamphetamine use than heroin or cocaine.

Dean appeared to be holding a saw and when commanded to put it down, responded several times with “Help me.”

According to the affidavit, Trocki and Wood both warned Dean they were going to shoot him with a bean bag round, but the first attempt failed. The second attempt, taken from about 70 feet away, was not announced, states the affidavit.

“Essentially, we deployed a bean bag on a guy armed with a saw blade, high on multiple drugs, who was on someone’s roof,” Wood said. “He fell from the roof and has landed in a creek bed and has sustained some significant injuries. Definitely has some head trauma.”

Both troopers said they were concerned that Dean would approach them with the saw.

“I’m looking at the guy,” Wood told investigators. “I see that he has like a 16- or an 18-inch curved saw and you could see ... it’s like a serrated blade ... with a handle and I could see blood on his hands and blood on his head and he’s just kinda pacing around and waving his arms on the lean-to and just repeatedly saying help me, help me and let me out of here.”

Wood said he was concerned Dean’s behavior might endanger other people who had gathered as the result of Dean’s shouting or in passing vehicles.

“I felt like he was an imminent threat to the safety of the crowd of people and potentially to Sergeant Wood and myself,” said Trocki, who followed Wood’s direction to shoot the bean bag at Dean.

“My fear ... that this was going to rapidly ... evolve into a deadly force encounter engaging someone with a ... bladed weapon ... who wasn’t gonna follow commands,” said Wood.

Dean was first treated at Brattleboro Memorial Hospital before being transported to Dartmouth Hitchcock Medical Center in Lebanon, N.H., for further treatment.

Dean later told investigators he couldn’t remember anything about the incident. A caseworker at Groundworks Collaborative told investigators that Dean qualified for the Traumatic Brain Injury Program through Vermont’s Adult Services Division.

Bob Audette can be contacted at [email protected].

Reporter