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.
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Categories: Uncategorized
He’s lucky it was a graze…in my house it would not be a graze.
They shouldn’t be charged. He broke into their home. Vermont needs to grow a set and stop this stupidity. Shooting is justified.
The shooting is of course justified, but spending some practice time at the range can also be beneficial unless of course the intent was only to repel the attack by injury…then the occupant of the dwelling is to be commended on some fine shooting.
That’s one hell of a way to celebrate Independence Day and be extremely grateful for the unique freedoms we enjoy living in the United States of America…
being king of one’s castle and having the legal authority to effectively defend it from a threatening human in the dawn’s early light. God Bless America.
We hold these truths to be self evident…
13 VSA 2305 is the law you are requesting. (by mistake VDC wrote 13 VSA 1305).
If anyone breaks into your house in the early morning while you are sleeping, you need to assume danger first ❗ Second guessing you could end up dead, or hurt bad. B&E in the early morning hours while you are probably sleeping is a crime all by itself. B&E into a home where the owners are present . . . . . He should be glad he is still alive. Many Vermonters would shoot to kill, and they would be within their rights.
Most of us in rural areas could have an excavator show up hours before the State police do.
Upgrade to buckshot
I think that liberals in Vermont will demand punishment for the people who were protecting themselves. They want everyone’s guns. No matter what.
“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.”
Why is Mr. Gardner not held on bail?
Senate Philip Baruth D/P-Chittenden-Central District, suggested that the U.S. Supreme Court’s interpretation of the Second Amendment is “insane” and he insinuated that the nation’s founding fathers were just OK with beating their wives.
English professor from NY, can’t chew gum and walk at the same time. Afraid of people wearing hunter orange.
Today’s headlines, Ah such as is life in Socialist Vermont, all’s well and just
fine:
Home burglary foiled by armed residents – but they could face charges
Two shootings in Burlington Sunday morning
Derby man arrested after crash, shooting at cops
Clark says Post Office demand for voter list unconstitutional (she should
read and understand it)
Bernie Sanders defends campaign use of private jets, again (another
millionaire)
Scammer takes gold from elderly woman
Vermont’s first Fourth of July was no picnic
60 people charged in illegal border crossings
Hinesburg man jailed for mini crime spree
“Betrayal to New Americans”: Diversity dominates Burlington board
appointments
Keelan: Declaring independence in 2026 (twc- do we have independence?)
Hmm, find a stranger in your home at around 6am, decipher if he may be there to commit burgulary, robbery, murder or otherwise?!? I hope I would have the wherewithal to ask him if he is doing ok, and perhaps make him a cup of coffee. Better than cleaning up the mess from justly defending home and self.