Man shot in gunfight waives extradition
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By Alan J. Keays Herald Staff - Published: November 27, 2008
A Proctor man hospitalized in New Hampshire has waived extradition and agreed to return to Vermont to face a charge of attempted second-degree murder in connection with a shootout at his home last week with a Vermont State Police sergeant.
John M. Walters is being treated for his wounds at the Dartmouth-Hitchcock Medical Center in Lebanon, N.H., where he was taken after the shootout Nov. 19. The 51-year-old Walters is facing the attempted murder charge for allegedly shooting at Sgt. Thomas Mozzer, who was not injured, according to court records.
Walters agreed to waive extradition and return to Vermont at a hearing held Wednesday morning at the hospital in Lebanon, according to an official with the Grafton, N.H., County Sheriff's Department.
Bail was set at $1 million, the official said.
Walters is expected to be in the hospital for another week recovering from his injuries, according to Vermont State Police.
Walters had been listed in serious condition at the hospital since the day after the shootout. His condition has since improved to satisfactory, a hospital spokesperson said Wednesday afternoon.
Walters will remain in the custody of the Grafton County Sheriff's Department under guarded watch until he is able to be released, at which time he will be transferred to a jail where he will await the extradition process as a fugitive from justice, State Police said.
Once returned to Vermont, Walters will face an arraignment in Rutland District Court on the attempted murder charge.
When Walters will be returned to Vermont depends on his health.
"He's still under medical care," Capt. Paul Leavitt of the Grafton County Sheriff's Department said Wednesday. "Clearly, the medical issues have to be addressed first."
Leavitt said a judge, defense attorney, prosecutor as well as other court staff took part in the extradition hearing Wednesday at the New Hampshire hospital.
"It does happen that we have court hearings at the hospital from time to time, but it is quite rare," Leavitt said.
Leavitt added that for security reasons he could not comment on how many deputies were guarding Walters' hospital room. "I'm not at liberty to discuss that," he said.
Walters has been in the hospital in New Hampshire since the gunfight with the sergeant last week, according to police.
In the incident leading to the shootout police said Mozzer went to Walters' home in Proctor in response to a call from Walters' wife, who was concerned that her husband planned to drive off on his motorcycle after taking prescription medication and drinking.
The two men then became involved in a gunbattle before Walters was eventually taken into custody, police said. In total, police said, about 20 shots were fired between the two men.
Police said Walters was shot "multiple" times, leaving him wounded in his chest, hand and legs.
A warrant signed by Judge Thomas Zonay in Rutland District Court on a charge of attempted second-degree murder against Walters was filed the day after the shootout.
If convicted of the charge, Walters faces up to life in prison.
Contact Alan J. Keays at alan.keays@rutlandherald.com.