Addison County Sheriff denies felony charges

Judge John Pacht agreed late Tuesday afternoon to release Newton, 50, of Middlebury, on a $100,000 unsecured bond. He was ordered to stay away from the reported victim, her sister and two children. Pacht also imposed an order that he seek assistance from the Vermont State Employees Assistance Program to determine whether he needed any alcohol or mental health assistance.

Newton offered few comments as he left the Judge Edward J. Costello Courthouse. Newton said he did not intend to resign.

“I’m still the sheriff,” he said as he headed for the elevator. “Have a nice day” as he waved to reporters.

Washington County State’s Attorney Rory Thibault, who was assigned to the case in March, said he expects to ask for a change of venue because Newton is an elected county official in Addison County. State Trooper Joseph Szarejko of the New Haven barracks transported Newton to Chittenden County to get the arraignment out of Middlebury.

In court, Pacht said Newton could continue to serve as the Addison County Sheriff doing administrative work, but the judge, at the request of Thibault, blocked the 20-year lawman from conducting any law enforcement duties or gaining access to police computers. He also is not to personally possess any firearms or dangerous weapons. The department-owned arsenal must remain locked away, Pacht said.

During Thibault’s bail argument, Pacht acknowledged he had signed a request for an Extreme Risk Protection Order against Newton, but it turned out the order was never served on him. The judge took a short break, Newton’s handcuffs were taken off and Chittenden County Deputy Sheriff Tom Oliver provided him the court order. The bail arguments resumed.

The protection order allowed law enforcement to seize firearms from his person, vehicle and home. It also noted Newton had threatened suicide or serious bodily harm.

The most serious criminal charges involve the two sexual assault counts. In one count it claims the woman was incapable of consenting because of substantial impairment by alcohol, drugs or intoxicants. The other sexual count maintained the woman was in fear of imminent bodily injury. Both charges carry a possible 3-year-to-life sentence.

Middlebury Police responded to an emergency 911 call during the early morning hours of Feb. 26 from a 35-year-old woman at Newton’s apartment on Court Street.

Thibault said there was no reason for an arrest based on the woman’s comments the night of the incident. Middlebury Police did document what they saw and heard and the investigation was later turned over to Vermont State Police, Thibault said.

The woman sounded intoxicated and told police she did not want to press any charges. Middlebury Sgt. Bill Austin and Officer Nick Stewart got the two to separate for the rest of the night.

The VSP later brought in an experienced criminal investigator, Detective Sgt. Angela Baker from the St. Albans barracks, to lead the case.

Baker said when she spoke March 3 to the woman, she balked at helping because she did not trust police and thought Newton had the ability to influence the investigation.

It was not until May 18 that Baker said she received a call from the woman saying she wanted to cooperate but was weary of offering a statement because of concerns about safety for herself and her children. The woman wanted to consult with a lawyer and the State Police Victim Services Office put her in touch with Burlington lawyer Sandy Baird, a former state prosecutor.

The woman, her sister and Baird met with Baker in Burlington on June 13 and the case began to move forward, court records show.

Baker said the woman then reported she was afraid of Newton. Baker in her 8-page affidavit quoted the woman saying, “She now knows that Newton used his job and his position as sheriff to find her and groom her with the purpose of sexually assaulting her.”

“He’s above anyone, I’m afraid. He has access to these guns. He’s a predator,” she wrote.

She went on to say, “This is someone who abuses their power, their position, It’s not just him, it’s the entire sheriff’s department because they knew he used his position to get women. They knew that.”

However, Baker said one deputy sheriff, who was not identified in court papers, sent an email to Public Safety Commissioner Michael Schirling on May 6 expressing deep concerns about Newton. He cited a 21-minute video that Newton posted on May 1 and later took down.

“Since the video was posted I have had members from the law enforcement and medical communities that were able to view the video. They have expressed concern about his current mental health and are concerned about him being paranoid, suicidal and even homicidal,” the email said.

“It is my opinion that due to his current behavior he is mentally/emotionally unfit to continue in his role as Sheriff or to even continue to serve in any capacity in law enforcement,” the deputy wrote.

The deputy said he was concerned about public safety, including Newton’s ex-wife, members of Addison County Home Health and Hospice and anybody that he might think has done him wrong.

Middlebury Police had first alerted then-Addison County State’s Attorney Dennis Wygams, but he quickly recused himself because Newton once served with him as an investigator in the prosecutor’s office. The case was punted to John Campbell, head of the state’s attorneys and sheriffs department in Vermont and he asked Thibault to take over the case.

The Vermont Attorney General’s Office declined to take the case, officials said.

Thibault worked closely with state police for about 4 months. Detective Baker prepared a court affidavit based on the recent findings of the investigation and statements from the victim, officials said.

It called for two counts of sexual assault, and one count each of unlawful restraint and domestic assault.

Defense lawyer Jason Sawyer, who agreed to handle the case initially for Newton, attempted to have two of the charges dismissed for lack of probable cause. Pacht, after reviewing the police affidavit, said the charges would stick for now, but he told Sawyer he was free to file a formal motion to dismiss and provide legal back-up.

Sawyer noted that Newton was a lifelong resident of Addison County and had been elected sheriff by the voters. Newton has seven months before his pension will be available.

Police also were planning to execute a search warrant at Newton’s residence on Court Street near the Middlebury Union High School. The details of the search were unknown Tuesday.

Windham County Sheriff Mark Anderson, who is president of the Vermont Sheriffs’ Association, issued a statement on behalf of the group saluting the courage and efforts of the people involved in the investigation regarding Sheriff Newton.

“We are grateful to have a system of justice that pursues allegations made against a law enforcement officer that works to hold them accountable. The Vermont Sheriffs’ Association will offer all support for the continuity of operations to the Addison County Sheriff’s Office, the High Bailiff through his role, the employees of the department, and the community of Addison County as the administration of justice follows its course,” the statement said.

He referred further comments to Thibault and Newton’s attorney.

David Silberman, the elected high bailiff in Addison County, said Sgt. Michael Elmore of the sheriff’s office, whose duties include general administration of the department reported the employees would continue to provide all necessary services to the community.

Silberman, a lawyer, said Newton deserves a presumption of innocence, but he thought the sheriff needed to resign based on the cloud over his head.