By VDC staff

Armed residents confronted and repelled a suspected burglar who forced his way into their home early Saturday July 4, leaving the suspect with a minor gunshot graze wound before he was arrested by the Vermont State Police.

Police also said the Bennington County State’s Attorney’s Office will determine whether charges may be brought against the shooter. Vermont law 13 VSA 1305 holds a shooter harmless “if the person reasonably believed that the person, or any other person, was in imminent peril and that it was necessary to repel that peril with deadly force in the forceful or violent suppression of a person attempting to commit murder, sexual assault, aggravated sexual assault, burglary, or robbery.” State law also, however, allows prosecution for firearms possession if the person had a felony record or is subject to conditions of release.

Police said Joseph C. Gardner, 54, of Pownal, is charged with burglary following the incident at about 5:37 AM on July 4 at a residence on Center Street.

According to investigators, Gardner entered the home without permission and became involved in a physical confrontation with residents Ryan Cote, 41, and Joyce Colegrove, 42, both of Pownal.

During the struggle, Gardner suffered a minor graze wound to his leg from a small-caliber firearm that police said was used in self-defense by the occupants.

Gardner was transported by the Pownal Rescue Squad to Southwestern Vermont Medical Center for treatment before being taken into custody. He was later processed at the Vermont State Police barracks in Shaftsbury on the burglary charge.

State police said detectives will submit the case to the Bennington County State’s Attorney’s Office for review to determine whether any additional charges are warranted related to the discharge of the firearm.

Gardner is scheduled to be arraigned at 12:30 PM Monday, July 6, in Bennington Criminal Court. He was not held on bail pending his court appearance.