Court frees shooting suspect held at VSH
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By Josh O'Gorman STAFF WRITER - Published: December 16, 2009
WHITE RIVER JUNCTION — A mentally ill Brownsville man accused of shooting at his neighbor will be released into an assisted-living facility.
Judge Robert R. Bent issued an order that releases William E. Burch from Vermont State Hospital, where he has been living after being charged with aggravated assault with a weapon for allegedly firing at his neighbor, Stephen Majeski, after a driveway dispute in August.
The 77-year-old Burch suffers from bipolar disorder and was found incompetent to stand trial. Concerned about his kidneys, Burch had stopped taking his lithium in the weeks leading up the alleged incident, court records state.
During a pair of hearings earlier this month, Bent heard arguments from the Windsor County State's Attorney's office, which said Burch should remain in the hospital, and Burch's attorney, who argued for his client's release to an assisted-living facility near his son in Vershire.
Prosecutors said the state hospital's decision to release Burch to spend Thanksgiving with his son, who keeps 32 firearms in his house, was not in the best interest of public safety. Burch's son, William T. Burch, testified he keeps his guns locked in safes and his father would not have access to them.
"Hospitalization is no longer necessary to ensure Mr. Burch not harm himself or others so long as the conditions of this order are followed," Bent wrote. The conditions will require Burch to reside at the Mountain View Community Care Home in Vershire, or another similar facility, where he will be supervised to ensure he does not leave, he takes his medication and attends treatment.
Burch is not allowed to drive or have car keys and cannot possess or have access to firearms. In the event he visits family or friends, they must lock up their firearms and give a letter to the Department of Health committing to do so.
Burch is also not allowed to enter the town of West Windsor without notifying the Windsor County State's Attorney's office and he can't contact the Majeski family.
"The state's continued position is that hospitalization would be in the best interest of public safety, but we understand nonhospitalization is the order of the court and we respect the court's decision," said Windsor County Deputy State's Attorney David Cahill. "The million-dollar question is what happens when Mr. Burch stops taking his medication, and while it is our sincere hope that he takes his medication, the risk always arises that, for whatever reason, he will stop taking his medication and revert to the state that caused him to shoot at Mr. Majeski."
josh.ogorman@rutlandherald.com
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