Crime and Justice

Prosecutors clear troopers in fatal shooting of man pointing BB gun

police shooting

Rutland County State’s Attorney Rose Kennedy and Col. Matthew Birmingham of the Vermont State Police speak at a news conference Tuesday regarding a fatal shooting in Poultney by police. Photo by Alan J. Keays/VTDigger

RUTLAND — Prosecutors have cleared five Vermont State Police troopers of criminal wrongdoing in a fatal shooting that followed a lengthy standoff in Poultney.

A big factor in that decision, according to the prosecutors, was the misleading appearance of a weapon Michael Battles pointed down at troopers from a second-floor window of his home. Officers saw what looked like a silver revolver. It was later determined to be a BB gun.

“This clearly looks like a pistol,” Rutland County State’s Attorney Rose Kennedy said of the BB gun during a news conference Tuesday at the state police barracks in Rutland.

The county prosecutor said she asked “multiple detectives” if they could tell by looking at it whether it was a real firearm or a BB gun.

“The answer was, ‘No,’ that not until they actually picked it up and examined it that they realized that it wasn’t a real weapon,” Kennedy said. “That, coupled with the troopers’ statements, I think, were most important in my decision.”

At one point in the standoff, the prosecutor said, Battles also told police words to the effect of, “I guess you’ll have to shoot me.”

The Vermont attorney general’s office also conducted an independent review of the shooting following an investigation by state police, which is standard procedure in trooper-involved shootings.

police shooting

Police say they recovered this BB gun from Michael Battles, who was killed by an officer in Poultney. Vermont State Police file photo

Both prosecutors’ offices announced Tuesday they had reached the same conclusion: The use of deadly force was justified.
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Police said that as they tried to arrest Battles, 32, on a warrant for aggravated domestic assault, he repeatedly refused to come out of his home. Early on the morning of Sept. 1, hours after the standoff began, according to police, Battles pointed what appeared to be a silver revolver at them.

That prompted the troopers to open fire, shooting 28 rounds, according to information released Tuesday. Battles was killed by a single gunshot to his head.

“The killing of Michael Battles was justifiable homicide under the law,” Kennedy said Tuesday. “The officers’ decision to use deadly force was also reasonable.”

The prosecutor added, “Here, the troopers who shot clearly articulated a concern that their own lives were in jeopardy or that their actions were necessary to prevent a shooting of one of their fellow troopers.”

The real nature of the weapon Battles held didn’t prevent that conclusion, Kennedy said.

“The fact that Mr. Battles was armed with a BB gun, not a powerful weapon, does not change the reasonableness of the officers’ perception,” she said. “The BB gun was indistinguishable from a more powerful handgun.”

The attorney general’s office agreed. “We support the decision made by State’s Attorney Kennedy and share in that view,” Assistant Attorney General Rory Thibault said at the news conference.

Michael Battles

Michael Battles is seen in an undated photo from the Vermont State Police.

Attempts to reach Battles’ family members Tuesday were not successful.

Kennedy said the shooting was not captured on police video, either from body cameras or dashcams inside cruisers. Troopers, she said, do not wear body cameras, and the dashcams were too far away to capture the shooting.

She added that deputies from the Rutland County Sheriff’s Department do wear body cams, but they were also too far away to capture the shooting.

“They were not really significant,” the prosecutor said.

VTDigger has twice previously asked the Vermont Department of Public Safety for any audio or video of the incident and been refused because of the pending criminal investigation.

Asked Tuesday if her office and police would now release any video and audio, including of the time leading up to the shooting, Kennedy said they would review any requests.

“We are all on the same page that we’ll certainly look at any (Freedom of Information Act) requests that are made and we will process the requests as they come in,” she said, later adding that she “anticipated” that the recordings would be released shortly.

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Kennedy spoke at the news conference for about 15 minutes before announcing her conclusion on the shooting, describing the events leading up to Battles’ death.

The standoff began on the afternoon of Aug. 31 when a Rutland County sheriff’s deputy was called to Battles’ residence on a report of domestic assault.

A woman who had fled to a nearby house told arriving officers that Battles had threatened to kill her and had tried to strangle her, Kennedy said. A witness also told police she had seen Battles “with his right arm wrapped around the bruised woman’s chest and that he was covering her mouth with his left hand and that he dragged her to the ground,” Kennedy said.

shooting

This house in Poultney is where Michael Battles, 32, was shot and killed in a standoff with police. File photo by Alan J. Keays/VTDigger

Police tried to get Battles to come out of his home, according to Kennedy.

“He repeatedly stated his belief that the officers would disregard his side of the story,” the prosecutor said. “He indicated from the window that he did not assault (the woman), and that her injuries were either self-inflicted or she had suffered them when she fell down the stairs.”

Battles also could be heard saying he was only trying to prevent the woman from abusing her prescription drugs, according to the prosecutor.

The officers were told there were firearms in the residence, and Battles was making several threats, referencing an “arsenal” and “something about a .357,” Kennedy said.

“These statements alerted the officers that Mr. Battles may indeed be armed and that he may attempt to use a weapon on himself or on police,” the prosecutor added. “Throughout this initial exchange Mr. Battles was agitated and interspersed his threatening comments with protestations that he had done nothing wrong.”

The Vermont State Police crisis negotiation unit was called to the scene, and additional officers from state police and other nearby departments arrived.

Kennedy said Battles’ behavior became “increasingly erratic and aggressive.” After midnight on Sept. 1, troopers received approval from a judge for warrants to search the residence and arrest Battles on the aggravated domestic assault charge, she said.

As Battles continued to refuse to come out, a tactical vehicle called a Bearcat “breached” the front door of the home, Kennedy said. Battles came out briefly but did not comply with orders from the troopers, telling them, “Guess you will have to shoot,” or words to that effect, the prosecutor said.

He then went back inside and reappeared in the second-floor window. Battles then told troopers words to the effect of “Wait until you see this” and “I’ll show you,” and returned to the window with what looked like a silver revolver, appearing to take aim at the troopers below, according to Kennedy.

Four of the troopers below opened fire, as did a fifth, Trooper Eric Vitali, who was 66 yards away lying on the ground in a “sniper” position, according to the prosecutor. A round fired by Vitali, who shot first, was the one that killed Battles, Kennedy said.

Battles was found dead with a BB gun in his hand and another BB gun in his holster, police said. Also in the room, according to police, they found a loaded .22-caliber rifle and a muzzleloader.

Eric Vitali

Trooper Eric Vitali. Vermont State Police photo

Asked why so many shots were fired by the troopers but only one hit Battles, Col. Matthew Birmingham, director of the Vermont State Police, responded, “(Battles) was likely already going down as those rounds were going into the building. Therefore they did not hit him.”

He also said an internal investigation will now take place to determine if any department policies had been violated in the incident.

And pointing to the conclusion of the criminal probe, Birmingham encouraged reporters at the news conference to submit new public records requests for audio and video, saying the situation has changed.

“We’re in a different position now,” he said.

VTDigger submitted requests Tuesday after the news conference to Kennedy’s office as well as the Department of Public Safety and the Rutland County Sheriff’s Department. The requests remained pending late Tuesday afternoon.

At the time of his death, according to Kennedy, Battles had several prior charges pending against him, including unlawful trespass, possession of cocaine, leaving the scene of an accident and gross negligent operation of a motor vehicle.

He had felony convictions for counterfeiting and sale of an illegal drug, as well as several misdemeanor convictions, including one in 2006 for domestic assault, the prosecutor said.

Kennedy also said toxicology testing revealed that at the time Battles was fatally shot he had “multiple substances” in his system. Those included sertraline, an antidepressant; alprazolam, used to treat anxiety; benzodiazepines; and cannabinoids. The prosecutor added that she wasn’t sure if he had a prescription for any of those.

Birmingham said he welcomed the review by the two prosecutors.

“We must be scrutinized by the public on this. This is why there is an independent review by elected officials on these shootings, and that is an important part of the process,” he said. “But we also need to look where we can change training, where we can change policy, where we can improve on tactics.”

Asked if he believed anything should have been done differently, Birmingham backed the actions of the troopers.

“It’s a matter of the troopers either going to be shot at and killed, or they are going to defend themselves,” he said. “At that point in time, they made the decision they made, and they made the right decision.”

The five troopers identified as firing shots are:

  • Sgt. Lyle Decker, St. Johnsbury barracks, hired July 12, 2004.
  • Trooper Matthew Cannon, St. Albans barracks, hired Jan. 16, 2012.
  • Trooper Eric Vitali, Westminster barracks, hired July 11, 2005.
  • Trooper Christopher Brown, Middlesex barracks, hired Jan. 16, 2012.
  • Trooper Michael Anderson, St. Albans barracks, hired June 15, 2011.

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Alan J. Keays

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