Walters to enter plea today in police shootout
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John Walters appears in Rutland District Court on Tuesday. Walters is expected to enter a plea today to charges of attempted second-degree murder. VYTO STARINSKAS / RUTLAND HERALD |
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By Brent Curtis Herald Staff - Published: December 3, 2008
His hands wrapped in bandages, John M. Walters appeared in Rutland District Court on Tuesday, but didn't enter a plea to a charge of attempted second-degree murder.
Walters, 51, invoked his right to wait 24 hours before entering a plea during his first court appearance since a shootout at Walters' Proctor home on Nov. 19. Walters' friends and family sat silently on benches behind the defense table.
Judge Thomas Zonay set bail at $1 million, but Walters' temporary attorney, public defender Joyce Brenner, reserved the right to argue for a lesser bail amount when Walters enters a plea at 1 p.m. today.
Walters sustained gunshot wounds to his chest, hand and legs during a violent gunbattle with Vermont State Police Sgt. Thomas Mozzer, who was uninjured in the incident. In all, the two men exchanged about 20 shots during the 2-1/2 minute firefight. Mozzer, who was placed on administrative leave after the shooting, in compliance with standard procedure, has been returned to active duty.
Walters was taken to Dartmouth-Hitchcock Medical Center in Lebanon, N.H., where he was initially listed in serious condition. Prior to his release from the hospital Monday night, Walters' status was upgraded to satisfactory.
Walters agreed to return to Vermont during a hearing before a New Hampshire judge in Walters' hospital room last week.
Despite earlier indications that Walters would spend additional time at a Vermont hospital, the Proctor man spent the night before his first court appearance in a cell at the Rutland jail, Brenner said.
The public defender argued that Walters needed more medical care than prison officials had thus far given him.
"I have an extreme concern for his medical care," Brenner told the court. "He's unable to provide for his own hygiene or care and he's not getting it at the jail."
While only the splints and bandages on Walters' hands were visible during his court appearance, Brenner said her client has a seeping leg wound that required cleaning and rewrapping three times a day to prevent infection while he was at the hospital.
Since Walters' arrival at the jail, Brenner said the bandage had only been changed once.
"Mr. Walters is in a difficult position. He was taken from the hospital — not to another medical facility — but to a lockup cell, a cage," she said. "I believe he should be released and re-hospitalized."
But Zonay said it wasn't within the court's discretion to decide how Walters' medical needs should be met once he is turned over to the state Department of Corrections.
Speaking directly to Walters, the judge said the injured man had a right to expect proper medical care, but the court couldn't specify what that care would be.
"Mr. Walters, you should receive, absolutely, all the medical care you need," Zonay said. "But this court cannot micromanage the Department of Corrections."
Prosecutor Marc Brierre also said Corrections has a special medical unit for its inmates. Brierre said it was his understanding that Walters would be cared for at the facility.
During the hearing, a guardian, appointed by the Rutland Probate Court, sat next to Walters. Records at the Rutland Probate Court show that the court installed Chad Mills of Rutland to act as a temporary guardian for Walters at the request of Walters' wife, Grace Walters. The order went into effect on Nov. 25.
While Brenner was allowed to represent Walters during his arraignment, court records show that the Rutland pharmacist earns far too much money to qualify for future public defender services. Walters' application for a public defender shows that the father of three earned $180,000 last year.
Family members declined comment after the hearing.
What triggered the gunfight on Nov. 19 remains unclear in a police affidavit regarding the incident.
Mozzer was called to Walters' home at 9 River St. by his wife who was worried about her husband's mental state, police said.
Entering the two-story home under the belief that there were no weapons in the house, Mozzer walked into a first-floor bedroom where he found Walters sitting on a bed, looking at him, with a pistol in his hand, according to court records.
Mozzer stated he took cover and ordered Walters to drop the gun. Walters shouted back that he wanted Mozzer to leave the house, according to court records.
Mozzer wrestled with Walters who allegedly at one point stepped out of the bedroom without the 9mm semiautomatic handgun.
But Walters was able to break free and sprint back to the bedroom where he allegedly fetched the pistol before striding out into the hallway with the weapon pointed at Mozzer.
Mozzer fired first followed by shots from Walters, according to court records. Mozzer said that throughout the gunbattle, he yelled to Walters to stop and drop the gun.
If convicted of the charge against him, Walters could face up to life in prison.
Contact Brent Curtis at brent.curtis@rutlandherald.com.
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