The Vermont Attorney General’s Office has resolved a misdemeanor case against two state troopers by referring them to a pretrial diversion program. If the troopers complete the program, the case would be wiped from their public record.
Trooper Zachary Trocki and Sgt. Ryan Wood were each charged with reckless endangerment last May. They were accused of causing a man to fall from a roof — resulting in serious injury — by firing a beanbag-type projectile at him during a 2022 incident in Newfane.
The troopers pleaded not guilty to the allegations and said earlier this month that they were preparing for trial.
Their case resolution, announced by Vermont Attorney General Charity Clark in a press release Thursday afternoon, takes a jury trial off the table for now.
Court diversion allows qualified defendants to resolve their cases through a community justice program, rather than in court. The program — which could involve counseling, writing letters of apology or paying restitution — enables participants to avoid a criminal conviction while working to repair the harm they caused.
“Court Diversion follows a restorative justice model that I value highly,” Clark said in a statement. “It is my hope that this referral will allow the victim, the police officers, and the community to heal and move forward together.”
Clark said the decision to refer Trocki, 30, and Wood, 37, to diversion was based on their “willingness to take responsibility for their actions and to engage in a restorative process to address the harm related to their conduct.”
Clark said the man who was hit by the beanbag two years ago, Marshall Dean, supported diversion to resolve the troopers’ criminal case.
If the troopers complete diversion, the details of which are confidential, the case would be closed and then purged from their public record. Otherwise, state prosecutors could resume their prosecution.
A statement released by defense attorney David Sleigh on Thursday afternoon said Wood and Trocki were eager to return to their full duties. The troopers, assigned to the Westminster barracks, have been on paid administrative duty at the barracks since they were officially charged in court last spring.
“They are hopeful this situation will contribute to enhanced training for themselves and their colleagues in the future. Additionally, they hope that it will bring some level of satisfaction to Mr. Dean,” the written statement said.
“They understand that with better training, the situation could have been handled differently, leading to a more positive outcome for everyone involved,” it said. “This statement reflects their dedication to serving their community responsibly and learning from past experiences to ensure better outcomes in the future.”
It’s unclear which community justice center would oversee the troopers’ diversion program. Diversion cases in Windham County, where the troopers were charged, are handled by the Youth Services center in Brattleboro.
Sleigh, who represented Wood, couldn’t immediately be reached on Thursday afternoon.
Michael O’Neil, director of the Vermont Troopers’ Association, declined to comment on the case’s resolution, apart from saying the association had been involved in putting together the statement that Sleigh released.
The association had been highly critical of the Attorney General’s Office’s decision to charge the troopers, with O’Neil saying last year that their actions did not rise to the level of criminal conduct.
Prosecutors also initially charged Trocki and Wood with simple assault, but a judge did not uphold that charge.
