BRATTLEBORO -- A Vermont State Police trooper sat quietly in
the courtroom Tuesday morning and pleaded not guilty, through his attorney, to
two counts of simple assault.
Eric Howley, 40, of West Dover, is alleged to have assaulted
two men he thought had stolen his $125 canoe while he was on duty in April. He
was released on conditions following his arraignment.
Howley resigned from his position as a trooper at the
Brattleboro Barracks on May 16.
The next day, he was charged with two counts of simple
assault after investigators said he repeatedly slammed one man against the
trunk of his squad car and shoved another to the ground, which cut the back of
his head against a rock.
One of the victims said that after Howley assaulted them, he
threatened to cause them more harm and that "he would show him what police
brutality was all about," and that "he was sick of white trash
Vermonters and stupid potheads," according to court documents.
During the arraignment in Windham County Superior Court
Criminal Division, Judge John P. Wesley released Howley on conditions, which
included that he not have any contact with either of the two victims. He smiled
as he left the courtroom.
Assistant Attorney General Matthew Levine, said the AG’s
office is prosecuting the case because State’s Attorney Tracy Shriver had
worked with Howley on investigating and trying a number of cases. When asked
why there was no mention of any bail requests during the hearing, Levine stated
it wasn’t necessary.
"Bail is only considered if theres a risk of flight or
potential harm to the community," Levine told reporters after the
arraignment. "Mr. Howley doesn’t pose any of those threats and the
conditions of release will serve to protect the two victims."
Levine added that the AG’s office won’t be filing any charges
against either of the victims for the alleged theft or possession of marijuana.
Howley and his attorney, Brian K. Marthage of Bennington,
both declined to comment about the case.
According to the affidavit, while on duty in Wilmington on
April 8, Howley told another trooper, Genevra Cushman, that he saw two men
paddling his stolen canoe along Lake Raponda and asked for her assistance.
Trooper Cushman said she and Howley were in their police
cruiser as they watched the two men bring the canoe up from the lake. She also
said she wanted to keep Howley from dealing with the two individuals because
"she knows how he is about thieves," the affidavit states.
Both of the victims stated in a interview after the incident
that they had gone to the lake with the intent of borrowing a canoe as they had
last fall and while paddling across the lake, ate snacks and each smoked a
small amount marijuana.
After Howley said he was sure it was his canoe, he got out
of his cruiser and ran to confront the two men even after Cushman told him to
let her handle the situation.
The two men said they found the canoe unlocked and Howley
had one of the victims follow him across the road for questioning, Cushman
said. She also contacted Wilmington Police Sgt. Matt Murano stating that the
canoe had been found and he was needed on scene.
Howley was raising his voice, asking the man why he didn’t
have an identification then "pushed (the victim) down, face first, on the
trunk of the cruiser," she said.
Cushman stated that although he may have been evasive in
answering Howley’s questions and smelled of marijuana, he was "not being
threatening in nature."
Cushman again contacted Sgt. Murano and stated he needed to
get there "now."
When Murano arrived at Lake Raponda he activated his in-car
camera and began to interview one of the victims.
After Cushman yelled at him to stop, Howley approached the
other alleged thief and, during a verbal exchange, Howley grabbed the victim by
his jacket, shook him and pushed him down toward a large rock, Cushman said.
When the alleged victim reached back to touch his head, his
hand was covered in blood.
As Murano started to ask Howley what happened, Howley said
"he didn’t intend to cause (the victim) physical injury, that he wanted
him to stop smirking and shut his mouth," the affidavit states.
Howley told Murano he felt like he was being questioned like
a criminal, and when Murano responded that he was, Howley told him he was done
and left. Murano stated he contacted Howley’s supervisor, State Police Sgt.
Mike Sorenson, as Howley got into his cruiser and drove away.
At the scene both victims declined treatment but a few hours
later, the one who suffered a head laceration was taken to Brattleboro Memorial
Hospital by a friend. Doctors put a staple in his scalp, the affidavit states.
This is at least the second incident involving Howley and
allegations of police brutality.
In 2005, Howley and other officers allegedly assaulted a New
York man in Arlington with a flashlight, punched him, used pepper-spray and a
Taser on him while he was restrained.
The man filed a civil suit that was eventually settled out
of court for $135,000.
Howley wasn’t ever charged in the assault.