A Vermont State Police trooper faces a criminal charge for allegedly striking a man who was in handcuffs and on the ground, and did not appear to be resisting.
Robert Zink, 39, of Arlington, who has been with the state police since 2008, is due in Bennington County Superior criminal court Monday for arraignment on a misdemeanor charge of simple assault, according to a release Wednesday afternoon from state police.
Zink had been on paid leave since Feb. 24, a day after the incident. He is now on unpaid leave, according to state police.
The incident took place Feb. 23 in the driveway of a private home on Tinkham Road in Shaftsbury, according to the release. Zink is accused of striking Christopher Campbell, 41, of Shaftsbury while Campbell was on the ground and in handcuffs.
“Campbell was actively resisting arrest at the time, but the strikes do not appear to be in response to Campbell’s actions,” according to the release.
“The use of force occurred during an incident in which Campbell had driven off the road near his home, was suspected of drunken driving, and became actively combative with multiple troopers who attempted to take him into custody,” the release stated.
The Vermont Attorney General’s Office asked that Zink be charged, based on its review of the investigation by the state police, which was headed by a lead investigator out of the Williston barracks to avoid any potential conflicts of interest.
David Sleigh, an attorney for Zink, said Wednesday he is “dismayed” that the attorney general’s office is charging his client.
“Bob and I went and reviewed the videotapes of the encounter with the detectives,” Sleigh said, “and at best this comes down to about four seconds where Bob is said to have punched Mr. Campbell unnecessarily.”
“The tape shows that Mr. Campbell was noncompliant, resistant and violent,” Sleigh said. He said the case will likely go to trial and be left for a jury to decide.
“I will certainly file a motion to depose all the witnesses,” Sleigh said, “including those in the chain of command that made the arrest decision and developed some kind expert opinion about whether this is a deviation from the standard that applies to the use of force.”
State police said they would have no further comment on details of the case. More details are expected to become public following Zink’s arraignment when charging documents are released.
Charity Clark, chief of staff for Vermont Attorney General T.J. Donovan, said the office will decline comment until after probable cause is found on the charge, which typically occurs shortly before an arraignment.
