State’s affidavit omitted key context, defense argued
by Guy Page
A Caledonia Superior Court judge has dismissed a felony aggravated assault charge against Sgt. George Johnson of the St. Johnsbury Police Department, ruling that the officer acted within his legal authority during a controversial 2024 arrest, according to a news story in the Caledonian-Record, the daily newspaper for the Northeast Kingdom.
Judge Michael Kainen issued the decision Wednesday, stating the court did not find probable cause to believe Sgt. Johnson committed a crime. “Sgt. Johnson gave Mr. [John] Stelzl every opportunity to comply before each use of force,” Kainen wrote, adding the officer’s response escalated only in reaction to Stelzl’s resistance.
The charge stemmed from a May 2024 incident in which Johnson struck Stelzl with the butt of his Taser during an arrest on Bay Street. Vermont State Police had determined Johnson’s actions constituted a criminal offense, leading to his arraignment in September. Johnson pleaded not guilty and was placed on paid leave.
Defense attorney Leonard Milligan argued the officer’s actions were legally justified and that the state’s affidavit omitted key context. After an April 30 hearing, Judge Kainen agreed the original probable cause ruling had not adequately considered the legal protections afforded to officers using reasonable force.
The ruling was welcomed by Johnson and his legal team. “This was a deeply traumatic experience for him,” said Milligan. “It put his career and family in jeopardy.”
Sgt. Johnson, a decorated veteran and use-of-force instructor, described the past year as the most difficult of his life, even more so than his military tours in Iraq. “I cried,” he said, recalling when he learned of the dismissal. “This has been a very dark time.”
Town Manager Chad Whitehead said the town’s internal investigation is complete and has been sent to the Vermont Police Academy for review. Whether Johnson returns to active duty will depend on the academy’s findings and the decision of local officials.
“I’ve always said that George has served this community well,” Whitehead said.