RUTLAND – A Rutland judge has denied a motion from attorneys for Jack Sawyer, deciding against dismissing the four felony charges against him for lack of probable cause, including the offense of attempted aggravated murder.
The decision by Judge Thomas Zonay follows a ruling last week issued by the Vermont Supreme Court that the charges did not meet standard for “attempt” crimes in the case of the 18-year-old Poultney man accused of planning to shoot up his former high school in Fair Haven.
Defender General Matthew Valerio, whose office is representing Sawyer, said Tuesday afternoon that Zonay’s decision will be appealed to the Vermont Supreme Court.
“His decision basically tosses it to the Supreme Court,” Valerio said. “The bottomline is, we’re going to appeal it and we’re going to win.”
Valerio said he expects he can get an “expedited” hearing before the Vermont Supreme Court on the matter.
“I guess the trial judge is depending on the Supreme Court to do the dismissal,” Valerio said of the Rutland judge. “I’m quite surprised by the trial court doing that.”
Valerio said the ruling from the Supreme Court last week that the charges did not rise to the level an “attempt” crime was “clear.”
He said the high court did not dismiss the case outright because that wasn’t the issue before them. Instead, he said, the matter the high court was asked to decide is whether Sawyer could continue to be held without bail.
“For us, it’s an appeal of the court’s denying our motion to dismiss for a lack of probable cause,” he said of the latest planned appeal in light of Zonay’s decision.
The order by Zonay, presiding in the case in Rutland Superior criminal court, was filed Tuesday.
That ruling comes ahead of a hearing in the case set for 3 p.m. Tuesday. It’s expected the judge will decide what bail or release conditions, if any, should be imposed on Sawyer.
Kelly Green, a public defender representing Sawyer, filed a motion Monday asking the judge to review probable cause on the charges brought against him in mid-February.
She cited last week’s ruling from the Vermont Supreme Court finding that Sawyer could no longer be held without bail, and that the charges against him did not rise to the level of an “attempt” crime under Vermont law.
“We hold that the weight of the evidence is not great that defendant has committed any act or combination of acts that would satisfy Vermont’s definition of an attempt to commit any of the charged crimes,” a three-justice panel of the Supreme Court wrote in its ruling.
Zonay, in response to Green’s filing, wrote that he would grant the motion to review probable cause, but is letting the charges stand, at least for now..
“Upon review of the Information and supporting affidavit, and after considering the arguments set forth in the motion, the Court hereby reaffirms its determination that there exists probable cause on each of the charges,” Zonay wrote.
“Accordingly,” the judge added, “to the extent Defendant seeks dismissal at this time on the basis of lack of probable case the motion is denied.”
Sawyer’s attorneys could not immediately be reached Tuesday for comment.
Zonay had yet to issue a ruling on whether he found probable cause on two new charges, both misdemeanors sought by prosecutors in a filing Monday that is not yet public. The exact misdemeanor charges prosecutors are seeking are not yet public because probable cause has not yet been found.
The ruling last week by a three-justice panel of the high court said that the felony charges that had been filed against Sawyer, which all involved “attempted” crimes, including attempted aggravated murder and attempted first-degree murder, were not warranted given the allegations in the case.
That’s because, the justices wrote, the act of merely a planning a crime did not rise to the level of an attempt under Vermont case law, a decision backed by legal experts.
That led Sawyer’s attorney to move to have the judge review probable cause for the charges, as well as submitting a motion seeking dismiss the charges against him, and to have him released immediately, leading to the hearing Tuesday.
Sawyer was arrested in mid-February after police said he was planning to shoot up Fair Haven Union High School. Actions taken by Sawyer in the days prior to his arrest included buying a shotgun and ammunition in Rutland, according to court records.
Also, a police affidavit stated, Sawyer had plans to buy a Glock 9mm handgun on the “dark web,” obtaining $500 in the online currency, Bitcoin, to anonymously make the the purchase. However, he told investigators, a drop in the market for Bitcoin delayed that purchase, according the affidavit.
Police said they also discovered a notebook kept by Sawyer, titled, “Journal of an Active Shooter,” which included plans for carrying out the shooting at the school with a “kill list” of students and staff.
Sawyer’s attorneys have contended that Sawyer’s actons did not go beyond planning or preparation, and he didn’t take steps to actually attempt a crime.
This story will be updated.
