Pleads not guilty to upgraded charge; Habitual offender charge added

By Michael Donoghue, Vermont News First

ST. JOHNSBURY — The St. Johnsbury felon, who is charged with shooting a local policeman, was delusional, talking to himself and to others not present just before he wounded the officer on Friday, according to Vermont State Police.

Detective Sgt. Lyle Decker said Patrice Mason reported her husband, Scott Mason, 38, had stopped taking fentanyl for five days, but he was still using crack cocaine on Friday, court records show.

The shotgun blast that wounded Capt. D. Jason Gray at a Portland Street apartment damaged his body camera and police were unable to view his video of the incident, police said.

However, police were able to view the body camera video of Officer Jasmine Hendry, one of the other officers to respond to the domestic violence call. At least two shots from the .410-shotgun were heard on her video, police said.

Mason pleaded not guilty during his court arraignment Monday afternoon to an upgraded felony charge of attempted first degree murder. He had been jailed after his arrest on Sunday on charges including attempted second degree murder.  

Defense lawyer Jennifer Cleveland had maintained she thought there was no basis for the upgraded charge, but State’s Attorney Jessica Zaleski argued premeditation was shown by Mason waiting to shoot Gray until he got closer. Judge Michael Kainen denied the request.

Hendry’s video shows Gray went to the top of the stairs at the apartment house and was talking to a woman when a loud bang is heard.  State police said, according to the video, it appears it took only five seconds for Gray to get shot.   Hendry was still on the stairs.  A second bang is heard and somebody is heard saying, “get the (expletive) out,” police said. 

Hendry’s video shows Gray, covered with blood, coming down the stairs and saying he needs an ambulance, police said.

Police believe Mason fired two shots and it appeared Gray was able to return one shot.  Gray’s handgun had one less catridge than the capacity of his department-issued firearm, police said.  His one shot appeared to strike on the porch and exited out a window toward Caledonia Street, State Police Detective Sgt. Drew Cota said.  

Mason had an elaborate video surveillance system with multiple camera angles both on the interior and exterior of the residence to monitor the area, police said. 

Gray reported he had been hit in the face and arm by the shotgun blast, police said.  Gray can be seen on the video holding his pistol in his right hand.

Hendry put Gray into the police cruiser that they had arrived in and rushed to Northeastern Vermont Regional Hospital a few miles away without waiting for an ambulance. 

He was later airlifted to Dartmouth-Hitchcock Medical Center in Lebanon, N.H., where he remains in the intensive care unit. The shotgun pellets struck his throat, neck and arm, officials said. He also has a collapsed lung.

Mason was initially due in court this afternoon on charges of attempted second degree murder and aggravated assault on a law enforcement officer.

Three other misdemeanor charges were added: unlawful mischief for damaging a drone, possession of a firearm during a felony, and possession of a firearm after having been convicted for a violent crime, records show.

The state also tagged on a habitual offender designation if Mason is convicted for either the attempted murder or aggravated assault charges. 

Mason’s criminal record includes six felony convictions, five violations of probation, four violations of conditions of release, and at least three failures to appear, court records show.  He also has a pending felony domestic assault case and is wanted in Essex County for failure to appear for a case involving 26 felony counts of forgery, records show. He has failed to show three times and arrest warrants were issued each time.

Essex County State’s Attorney Vince Illuzzi filed an amended charge Monday morning in his forgery case by adding a count of Mason being a habitual offender. If Mason is convicted for just one of those 26 felonies pending in Essex County, the judge could impose up to life in prison for being a career criminal. 

Antino Pepper, 27, is credited with providing the tip that Mason was hiding in a first-floor apartment at 251 Portland St. late Saturday night, court records show.  Pepper had just left the apartment and flagged down town police.

Pepper reported a woman named “Tracy,” who he believed was Mason’s sister was in the apartment with her husband, but did not know his name, court records note.  Mason’s wife, Patrice had brought food and there was talk of needing to move the suspect out of the apartment, police said.  Pepper said two other people, listed as John Russell and Tina Russell were also in the apartment, according to court records.

Pepper, who termed Mason a “drug dealer,” reported he was last seen with his wife in a back bedroom on the first floor.  He said Mason had a black handgun and a wood-stocked rifle, court records note.

Pepper said he provided the tip to police because Mason had “shot a cop” and it wasn’t “cool,” court records show.  He said he was aware of at least a $25,000 reward and he was hoping to leave Vermont and return to his home state, police said.  The reward was up to $50,000 by the time he was captured.

Four St. Johnsbury Police officers responded to 261 Portland Street following a report that Scott Mason was assaulting his wife, Patrice Mason, 36, about 4:30 p.m. Friday,  records show.

While Capt. Gray and Officer Hendry arrived in one police cruiser, Cpl. Steven Hartwell and Officer Kevin Wilson had arrived in another squad car, police said.

Wilson reported he spotted several security video cameras outside the apartment building and seized them, Cota said.

Gray’s uniform, along with his department-issued duty gear were surrendered as evidence to investigators by hospital personnel, police said.  Projectile strikes were observed and appeared to be the size of birdshot, Cota said.

State Police Lt. Charles Winn, station commander of the St. Johnsbury barracks, filed an affidavit outlining Mason’s felony record.  He said Mason has two convictions for burglaries in Essex County and two aggravated assaults in Caledonian County, court records show.  Mason also has felony convictions for narcotics sale and for accessory before the fact of a felony, Winn wrote. 

Mason had 3 felony convictions before he was 25 years old, making him eligible for the habitual offender designation and life sentence in Vermont, records show. The attempted first degree murder carries a presumed sentence of up to life with a minimum of 35 years.

Mason, who kept his head down at his arraignment, had his wrists and ankles in shackles and he wore red prison clothing as he was brought into historic courthouse by St. Johnsbury Police Chief Joel Pierce and Caledonia County Sheriff James Hemond.  The courtroom was overflowing with family and friends of Gray, including law enforcement officers.