Vermont Business Magazine Washington County State’s Attorney Scott Williams and Attorney General William HSorrell announced today that they have completed separate independent reviews of an incident involving police use of deadly force that occurred on September 11, 2015, in Fayston, Vermont. Both offices have concluded, as a matter of law, that Vermont State Police Trooper Christopher Brown was legally justified in the use of deadly force when he discharged his firearm at Robert Smallidge. The legal standard for the use of deadly force is whether the officer reasonably believed that he or a third party was in imminent danger of death or serious bodily injury, and that deadly force was necessary to respond to the danger.
The incident began when the Vermont State Police received a telephone call from Steven Shropshire, the boyfriend of Smallidge’s ex-wife, Erin Smallidge, reporting that Smallidge was intoxicated and refusing to leave their (Erin and Steven’s) property on Route 17 in Fayston. Trooper Brown responded to the call. Steven and Erin had left the property and were waiting at an apartment building next door. Trooper Brown pulled into the driveway of Erin and Steven’s residence and saw Smallidge standing outside holding a can of beer. Trooper Brown attempted to speak with Smallidge, but Smallidge was uncooperative, and eventually set down his can of beer and walked to the entry to the house and reached for something with his right hand. Smallidge then pulled up what appeared to Trooper Brown to be a rifle. Trooper Brown ordered him to drop it, and when he did not, Trooper Brown discharged his firearm at Smallidge as he retreated behind his cruiser. Smallidge went back into the house, then came back outside and picked up his can of beer. He ignored repeated commands by Trooper Brown to get on the ground, and Trooper Brown then discharged his Taser. Smallidge fell to the ground, and Trooper Brown handcuffed him. He discovered that Smallidge had a gunshot wound in his thigh. Trooper Brown provided first aid on the scene until emergency medical staff arrived. Smalidge was then transported to the University of Vermont Medical Center where he was treated and released. A subsequent search of the house revealed a pellet style air rifle with a cut off stock and barrel, approximately 18 inches long. It was located in an open plastic box, on the right hand side of the doorway, within arm’s reach of where Brown observed what he believed was a rifle. There was also evidence that Smallidge was suicidal, and that he was seeking a confrontation with the police.
Under the facts of this case, the Washington County State’s Attorney and the Attorney General’s Office concluded independently that Trooper Brown was reasonable in his belief that he was in imminent danger of death or serious bodily injury when he fired at Robert Smallidge. Given his reasonable belief in a serious threat, the officer’s response of using deadly force was reasonable and justified.
The investigation of the shooting was conducted by the Vermont State Police, Bureau of Criminal Investigation.
Vermont Attorney General: Oct 19, 2015