A Vermont judge has reversed course, allowing the release of a Greensboro man accused of murder. Earlier this week, the judge ordered him held in custody without the chance to post bail.
That move Wednesday came after attorneys for the prosecution and defense presented sharply different views of the case and whether Darryl Johnson’s actions constituted self-defense or a person whose rage erupted into violence and the shooting death of Robert Chaplin.
Judge Lisa Warren’s change in procedure came at the close of a hearing Wednesday, held in person and over video, in Orleans County Superior criminal court in Newport.
When Johnson was arraigned Monday, Warren ordered him held without bail. On Wednesday, Warren said that Johnson, who had no previous criminal record, could be released on the $100,000 bail he had posted following his arrest Friday evening.
The judge also set release conditions Wednesday for Johnson, prohibiting him from contacting Chaplin’s family and ordering him to not possess or keep any weapons in his home.
Johnson, 51, is charged with second-degree murder as well as manslaughter in the shooting death of Chaplin, 27, of Hardwick. Though Johnson faces both charges, he can be convicted of only one.
The murder charge carries the possibility of life behind bars, while the maximum penalty for manslaughter is 15 years in prison.
Johnson pleaded not guilty to the charges Monday, and the judge ordered him held without bail until an evidentiary hearing Wednesday.
On Wednesday, both prosecution and defense attorneys appeared in court, but Johnson testified by phone from the Northeast Correctional Complex in St. Johnsbury. That’s because the prison is in lockdown after several incarcerated individuals there tested positive for Covid-19. Transporting Johnson from the jail to the court would potentially expose the people transporting him, and the people in court, to the virus.
Johnson told the judge that he would not waive his right to appear in person for the evidentiary hearing, which could be rescheduled next week.
Kelly Green, Johnson’s attorney, argued Wednesday that her client should be released if Wednesday’s hearing was delayed, while Orleans County State’s Attorney Jennifer Barrett called on the judge to continue to hold Johnson without bail.
Investigators said the deadly shooting took place on the night of Oct. 20 in Johnson’s driveway on Eligo Lake Road in Greensboro.
About 90 minutes earlier, investigators said, Johnson had stepped into a dispute between a clerk at a convenience store in Hardwick and Chaplin, who the clerk had deemed too drunk to buy a 12-pack of Bud Light beer.
Investigators said Chaplin later drove to Johnson’s home, where the fatal shooting occurred.
Green, Johnson’s attorney, said that, while her client was facing serious charges, the shooting took place Oct. 20 and he wasn’t arrested until nine days later, on Oct. 29. During that time, she said, Johnson provided statements to authorities and did not flee.
Green painted her client’s actions as self-defense, telling the judge that Chaplin became unruly at the store and Johnson was able to “eject” him from the building. Green said Chaplin then threatened to come to Johnson’s home.
She said her client went home and was “shocked” when Chaplin later drove up to his home.
“Mr. Johnson went outside with a gun and a flashlight,” Green said, and repeatedly told Chaplin to leave, but Chaplin refused to go. By that point, a warrant had been issued for Chaplin’s arrest, and as soon as he heard that police had been called, he jumped out of the car and lunged at Johnson, Green said.
“Mr. Johnson pushed him back and he came again at Mr. Johnson,” Green said. “Mr. Johnson pushed him back and shot.”
Green said it took about 20 minutes for first responders to arrive, and during that time Johnson rendered aid to Chaplin, trying to keep him alive. The defense attorney said her client provided statements to police and also turned over his home surveillance cameras to authorities.
She said Johnson was not arrested until Oct. 29, when Vermont State Police showed up at his home.
“He cooperated and went to the prison,” Green said of Johnson, with his bail set at $100,000.
With the help of family, friends and a bail bondsperson, the defense attorney said, her client was able to post bail, get released, and then appeared in court Monday to face the charges at his arraignment.
Green told the judge Wednesday that Johnson was willing to abide by strict conditions if released, including a curfew at his home with certain exceptions, including for work at a garage where he is a mechanic.
“He would be deeply grateful to go home,” Green said of Johnson. “This is an unusual case, to say the least.”
Barrett, the prosecutor, countered with a different version of events.
According to Barrett, Johnson could be seen on store video “violently shoving” Chaplin out of the building and across the parking lot. Barrett said of Johnson, “The defendant himself told law enforcement, ‘If he comes to my house, I’m going to (expletive) kill him.’ ”
Johnson then went home, Barrett said, and when Chaplin arrived later, Johnson, holding a gun, immediately confronted him.
Chaplin, Barrett said, was in the car holding a beer when Johnson tried to get his keys to detain him until police arrived. When Chaplin exited the vehicle, according to Barrett, that’s when Johnson shot him. The prosecutor said Johnson pulled the trigger on the handgun three times, with the first two misfiring, since the firearm’s safety was on. And when authorities arrived, Barrett said, Johnson told them, “I told you I was going to do it.”
The prosecutor said Chaplin was not armed and “the worst that happened was a push. … This is not a case of self-defense.”
As the hearing Wednesday came to a close and Johnson’s release was expected as a result of the judge’s decision, a person could be heard telling him, “Congrats, Daryl.”
“Thank you very much,” he replied.
Correction: This article was corrected to clarify that the convenience store is in Hardwick.
