[T]he gun used in a fatal shooting in Poultney over the weekend was obtained in an early morning robbery and assault in Fair Haven in November, police say.
William Bailey and Jonathan Testa have been charged with involuntary manslaughter in the death of Daniel Hein, 19. Both defendants say they thought the weapon wasn’t loaded when Bailey allegedly pulled the trigger as the three and another young man sat in a car after a night of drinking and smoking marijuana.
Bailey later told police that Testa told him the gun was unloaded. Bailey also told police that Hein challenged him to point the gun at him and pull the trigger if he thought it was empty. Another person in the car told him to “Go ahead, do it,” according to the affidavit. Police say Bailey shot Hein in the head, dropped the firearm and yelled, “Oh, my God, what do I do?”
Testa and Czarnecki both panicked and fled, police allege. Bailey drove to his girlfriend’s house and contacted emergency services.
Police say Testa, who had allegedly stolen a credit card, was making arrangements to have a taxi drive him to Rhode Island when he was arrested Monday afternoon. He also allegedly used the credit card to withdraw $300 from an ATM and to make several purchases at the Wal-Mart in Rutland.
Czarnecki was found Sunday in Rutland and was charged with violating the terms of his probation after police said he removed a GPS tracking device from his ankle.
Bailey pleaded not guilty to one count of involuntary manslaughter. Testa was charged on eight counts including involuntary manslaughter, assault and robbery.
Lowell was badly beaten with a crowbar and the wooden handle of a hammer. Police say Testa and the other man stole a safe from Lowell’s apartment and the gun, which Lowell was holding when the two men entered.
This is how the police affidavit describes the events on the night of the shooting: The four men had been driving around in Bailey’s car drinking and smoking marijuana. At one point Testa and Hein were dropped off at a farmstand to steal money to buy more alcohol. During that time Bailey and Czarnecki were pulled over by Sgt. Dale Kerber of the Fair Haven Police Department. After the traffic stop they picked up Testa and Hein at a gas station in Poultney. The shooting occurred sometime after that.
Kerber declined to comment for this story. Capt. JP Sinclair of the Vermont State Police said he believed Bailey and Czarnecki were pulled over for a minor traffic violation.
A status conference for both defendants is scheduled for Jan. 23.
