[P]ublic Safety Commissioner Thomas Anderson has denied the latest VTDigger request to release any video or audio Vermont State Police have of a shooting involving five troopers that left a Poultney man dead.
“Unfortunately the records you seek remain exempt from disclosure,” Anderson wrote in his response to the request for recordings of the Sept. 1 shooting of Michael Battles, 32, at his home.
Anderson cited an exemption to the Vermont Public Records Act dealing with the investigation and detection of crime for his decision. Another exemption also applies, the commissioner wrote, since state police are conducting an internal investigation of the shooting.
VTDigger sought the same information in September, and state police denied the request. Anderson rejected an appeal, citing the same exemptions. VTDigger renewed its request late last month, and again state police denied it. Anderson rejected an appeal last week.
State police say they have completed their investigation into the shooting that killed Battles following a standoff that began late on the afternoon of Aug. 31. The shooting took place early on Sept. 1.
That investigation has been turned over to the Vermont attorney general’s office and the Rutland County state’s attorney’s office for independent reviews. Both prosecutors will determine if the officers were justified in their use of deadly force, a review process customary for all officer-involved shootings.
Attorney General TJ Donovan said last week he could not say when his office would finish its review.
“I don’t have a date,” he said. “This is a serious case, and we’re going to take our time and do our due diligence.”
Police say they were trying to arrest Battles at home on a warrant for aggravated domestic assault, but he refused to leave the residence.
A standoff ensued, and in the early morning hours of Sept. 1, police say, Battles pointed what appeared to be a silver revolver at officers from a second-story window. Five members of the state police tactical team opened fire, police said.
An autopsy the next day showed Battles suffered a single gunshot wound to his head, according to police. Later, police said, they learned the revolver he was holding was a BB gun.
Donovan said last week that even though state police have turned their investigation over to his office, he still agrees with the decision not to release any state police audio or video at this time.
“It is not unusual for prosecutors, once they receive a file, to ask for more work to be done. It’s not unusual to ask for follow-up,” he said. “This is an ongoing process. We certainly do have the case from state police, but we’re doing our review now, and we need time to do our job.”
Since the internal investigation by state police won’t take place until prosecutors have completed their review, it remains unclear just when any state police audio or video will be released.
Asked if he supported the release of any state police audio and video once he completed his review, Donovan said, “The internal investigation is within the jurisdiction of (the Department of Public Safety), so I would defer to them on that question.”
The attorney general said that “generally speaking” once a review has been done by his office, the practice has been to release information.
“I would have to take into account, not having talked to DPS on this particular matter, nor would I on an internal, whether or not any release would compromise or jeopardize that proceeding,” he said. “I don’t think it would, but that’s certainly a question that I would ask and consult with DPS before I release anything.”
