[A] Pownal man who was shot by Vermont state police last month pleaded not guilty in Bennington Superior Court Thursday to three charges, including aggravated assault on a law enforcement officer.
Bernard Rougeau, 48, was shot by state trooper Thomas Sandberg on Oct. 18 as law enforcement officers responded to Rougeau’s residence after receiving emergency calls that Rougeau was drunk and suicidal.
According to court documents, minutes before Rougeau was shot he had told his mother that if the police shot him it would be “good, that’s what I want.”
Tyson Kinney of Vermont State Police wrote in an affidavit that Rougeau’s sister was the first to contact law enforcement that day and said he was “suicidal and had cut himself.”
Sandberg and two other state troopers drove to Rougeau’s residence and spoke by phone with his mother, who lived in the same residence. She told them her son had harmed himself and was “going out of his mind,” according to the affidavit.
She then told police that Rougeau had left their house wearing a camouflage jacket and carrying a 12-gauge double-barreled shotgun. Before Rougeau left the residence, his mother told him that if he went outside with the firearm the police might shoot him, but Rougeau answered, “Good, that’s what I want,” according to court documents.
After law enforcement arrived at the residence, Rougeau began to approach Sandberg, who was outside “securing” the area. Rougeau then repeatedly ignored orders from the officer to drop the weapon, according to the affidavit.
After initially pointing the shotgun toward the ground, Rougeau then began to raise it in Sandberg’s direction after the state trooper again ordered him to drop the firearm and raise his hands.
According to the affidavit, Sandberg then fired two shots from his own shotgun, striking Rougeau in the abdomen but without causing to drop the weapon. Bennington police officer Jason Burnham then used his stun gun on Rougeau to take him into “custody safely,” Kinney wrote in the affidavit.
Officers then administered first aid before Rougeau was taken to Albany Medical Center for treatment, according to court documents.
Rougeau was discharged from Albany Medical Center on Tuesday and was brought back to Vermont for his arraignment Thursday morning.
He was charged with aggravated assault on a law enforcement officer, reckless endangerment and interference with access to emergency services.
Bail was set at $100,000 with the stipulation that if Rougeau is released from custody he must receive a mental health evaluation, must not possess firearms and must not consume alcohol.
If convicted of all three charges, Rougeau could face up to eight years in prison and up to $11,000 in fines.
Sandberg has been placed on administrative leave while state police investigated the shooting. The Bennington County state’s attorney and the attorney general will also independently investigate the incident.
One of the key pieces of evidence being evaluated is a state police dash-camera video that was reviewed by Kinney before he drew up the affidavit.
