Accused shootout suspect stays put
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John Walters enters Vermont District Court on Thursday. VYTO STARINSKAS / RUTLAND HERALD |
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By Brent Curtis Herald Staff - Published: January 9, 2009
Rutland County prosecutors came to court Thursday with the intention of holding John M. Walters, charged with shooting at a State Police trooper, behind bars with no chance of posting bail.
But by the end of an afternoon hearing, it was unclear whether State's Attorney James Mongeon wanted to run what could be a lengthy legal gauntlet to ensure that Walters, who remains jailed for lack of $500,000 bail, stays where he is.
In the end, Mongeon decided to think on the issue and was granted a continuance by Judge Thomas Zonay who said the prosecution and the defense could talk the matter over before getting back to him.
Last month, prosecutors made a motion to hold Walters without bail after the defense made a motion to reduce the bail amount.
But when defense attorney Matthew Harnett withdrew his motion on Dec. 22, Mongeon and Deputy State's Attorney Marc Brierre, who is co-counsel in the case, decided not to follow suit.
"The underlying charges here, while fortunate in the way that no one was killed, represent one of the most serious types of cases we see and an appropriate case to hold without bail," Brierre said.
Walters, 51, came close to dying from wounds he received during a gunbattle at his Proctor home on Nov. 19. Walters, who was shot in the chest, leg and hand, spent several days at Dartmouth-Hitchcock Medical Center where he was admitted in serious condition.
When he appeared in court on Thursday, Walters' left hand was wrapped in a bandage and the arm was held in a sling, but otherwise the family man and local pharmacist appeared in better health than he did during his appearance at an arraignment hearing in early December.
Walters allegedly traded more than 20 shots with State Police Sgt. Thomas Mozzer, who came to the Walters' home at the bequest of Walters' wife, who told police she was worried about her husband's mental state.
Mozzer wrote in an affidavit that when he went into the house at 9 River St., he found Walters sitting on a bed with a 9mm semiautomatic gun in his hand.
After unsuccessfully ordering Walters to put the gun down and a failed attempt to wrestle the gun away from him, Mozzer wrote that he opened fire on Walters after the Proctor man strode toward him with his gun pointed at the trooper.
But whether the charges are warranted in the prosecutors' minds or not, Harnett argued that holding Walters without bail was pointless since he couldn't muster the bail amount already keeping him behind bars.
"This is a tremendous waste of our time and resources," Harnett said. "Why does someone who can't meet half-a-million-dollars bail need to be held without bail?"
Prosecutors said they argued during Walters' arraignment that they didn't want bail to be an option in the case.
But at least one of Walters' supporters wondered if the prosecution's motion was driven by the ongoing efforts of his friends and family to raise money for bail.
Wendy Predom, one of Walters' supporters, said this week that Walters' friends had hoped that a combination of fundraising and possible bail reductions in court could free Walters before his trial.
"The bottom line is we love him and want to do what we can for him," she said.
Asked after the hearing on Thursday whether the fundraising played a role in filing the hold without bail motion, Mongeon said only that he hadn't talked to anyone about the fundraising.
Mongeon and Brierre arrived at court prepared to call Mozzer to the witness stand and to play audiotaped recordings of what transpired in the Walters' house the night of the shooting.
But after Harnett objected to the playing of the tapes and after the defense attorney offered a compromise in which the state could seek to hold Walters without bail if the defense reintroduced its motion to reduce bail, Mongeon and Brierre decided to delay the hearing to consider their options.
Contact Brent Curtis at brent.curtis@rutlandherald.com.
This article was edited Jan. 9, 2008, to correct the fact that it is friends of Walters working to raise funds for his bail and remove affiliations of the group with a local church, which is not involved.


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