An 18-year-old St. Johnsbury man is accused of firing a gun several times in response to a confrontation he had in Lyndonville Tuesday morning.
Cody Shatney, 18, pleaded not guilty to a felony charge of aggravated assault with a deadly weapon during a Caledonia Superior Court arraignment on Wednesday. Shatney had been held in jail following his arrest because he couldn’t post bail.
Following his arraignment, he was released with a judicial order that he comply with several conditions. Among them, he must abide by a curfew, remaining at a Third Street residence in St. Johnsbury between 10 p.m. and 6 a.m. He can’t have any guns in his possession. He must stay at least 300 feet away from 155 Charles St. in Lyndonville. He can’t contact Hunter Lafond, 21, of Concord, or Hunter Allen, 20, of Lyndonville, and he must not abuse or harass Lafond, Allen, Alyssa Gochie, 30, and Cassandra Suliveres, 31, both of Lyndonville.
The incident was investigated by Vermont State Police Sgt. Matthew Tarricone.
He reported that state police dispatch took a call shortly after 1 a.m. on Tuesday from a female who said she heard people arguing and gun shots. No specific location was given. A second caller to VSP about 3 p.m. on Tuesday said someone found bullet casings on Charles Street in Lyndonville.
Sgt. Tarricone found eight bullet casings on Charles Street labeled “40 S&W Federal.”
Based on the description by witnesses, the sergeant determined the location of the trouble was near 155 Charles St. and he tried knocking on the door but no one answered. He later took a call from Gochie who said she lived there. She said she had a video of the incident that happened outside her residence.
Sgt. Tarricone went to the residence. There he spoke with Allen who said a week ago Shatney threatened to shoot Allen.
“He said two nights ago he saw Shatney in the Cumberland Farms Parking lot and asked him if he was going shoot him too,” Sgt. Tarricone noted in his affidavit. “Allen advised the following day he told Shatney to meet him in the church parking lot on Charles Street. He said Shatney showed up with (Jeremy) Marcy, (Joshua) Locke and a female. He advised they had a baseball bat and a piece of wood, so he pulled out a knife. He said they all ran their mouths, but it never got physical and they all left.”
Allen told Sgt. Tarricone that Shatney showed up outside the Charles Street residence early Tuesday.
“Allen advised he was sick of Shatney running his mouth so when Shatney was in the middle of the road he ran up to him and shoved him. He said when he did this, Shatney stuck a gun in his face so he jumped back,” notes the affidavit.
According to the report, Shatney ran down the street then pointed the gun in the air, and started shooting. Allen then said Shatney pointed the gun in his direction and fired three times. He wasn’t struck and he told the trooper that he didn’t hear bullets strike anything near him.
Suliveres told Sgt. Tarricone that she video recorded the incident on the street and said she saw Shatney, Locke and Marcy wearing rubber gloves. She said Shatney told her the gloves were to protect against “gunshot residue.”
In conversations with state police, Shatney initially denied firing a gun, but according to Sgt. Tarricone’s report Shatney changed his story and admitted to it.
“Shatney advised when he was walking down Charles Street, he pointed the gun in the air and shot it. He said he did this twice and shot approximately eight or 10 rounds. He told me he was not trying to hurt them, he was just trying to scare them,” wrote Sgt. Tarricone. “He also advised me he buried the gun out behind his shed at his mother’s house.”
The gun, a Glock 22, 40 caliber, was found where Shatney said it was. It was found loaded with 14 rounds, along with four other magazines.
If convicted of the felony charge, Shatney faces a maximum jail sentence of five years.