Probes justify police shooting
Toolbox
By Brent Curtis Staff Writer - Published: June 10, 2009
The actions of a State Police sergeant involved in a shootout last year with a Proctor man have been justified in separate investigations by the Rutland County State's Attorney's Office and the state Attorney General's Office.
In a joint press release issued Tuesday, the two offices found that Sgt. Thomas Mozzer was "legally justified in the use of deadly force" when he drew his gun and fired at John Walters inside Walters' home in November.
The legal standard for the use of deadly force is whether the officer reasonably believes that he or another person is in imminent danger of death or serious bodily injury and that deadly force is a necessary response to the threat, according to the statement from the two offices.
The release doesn't specify when that standard was met during Mozzer's confrontation with Walters.
Rutland County State's Attorney James Mongeon could not be reached Tuesday. Assistant Attorney General Matthew Levine said he could not comment beyond what was in the release because of the ongoing criminal charges against Walters, who is charged with attempted murder.
"We don't want to prejudice that case," Levine said.
Mozzer was the first officer to arrive at a domestic call at 9 River St. in Proctor on the night of Nov. 19.
Entering the house at the behest of Grace Walters, who said her husband had been drinking and was in a bad mental state, Mozzer went inside and found Walters seated in a bedroom with a handgun between his legs.
After failed attempts at ordering Walters to drop his gun — and a brief wrestling match when Walters briefly left the bedroom unarmed — the two men exchanged fire during a 2-1/2 minute gunfight.
Mozzer wrote in an affidavit that he fired first after Walters pointed his gun at him.
Walters sustained gunshot wounds to his chest, hand and legs and was taken to Dartmouth-Hitchcock Medical Center in Lebanon, N.H., where he was initially listed in serious condition.
Mozzer was placed on administrative leave after the shooting, in compliance with standard procedure, but was returned to active duty not long after the incident.
Walters is being held for lack of bail at the Springfield prison.
Matthew Harnett, Walters' attorney, could not be reached Tuesday for comment.
brent.curtis@rutlandherald.com
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