In a highly unusual move, Burlington police on Friday publicly criticized prosecutors for not pursuing criminal charges against a Colchester man who claimed self-defense for his role in a downtown shooting that injured an innocent bystander.
Carl Martin was charged in August with aggravated assault, aggravated disorderly conduct and reckless endangerment for his alleged actions in the February incident.
According to police, Martin’s brother had a long-simmering dispute with Rashad Nashid over a woman. The men ran into each other at Nectar’s on Main Street one February night and began arguing. Nashid later left and went next door to Esox, another bar.
But he and Carl Martin continued to argue while both were outside smoking. Martin eventually punched Nashid in the face, prompting both men to pull handguns. Nashid fired, according to cops, hitting the 27-year-old bystander.
Chittenden County State’s Attorney Sarah George recently announced she would not prosecute Martin, 33, because the evidence showed he feared for his brother’s life after an armed Nashid made threats throughout the course of the night.
In what he labeled a “statement of principled disagreement,” Burlington Police Chief Brandon del Pozo slammed that decision Friday.
“We felt a courtroom of Vermonters should consider whether or not Carl Martin needed to preemptively attack Nashid with a fist and a gun to protect his brother,” del Pozo wrote. “The consequences were too serious for the city to accept his word without a judicial process.”
He continued: “Nashid and the Martin brothers had a simmering dispute, and it culminated in near-fatal violence on a Main Street sidewalk. When an uninvolved person is shot under such circumstances and two of the disputants were allegedly escalatory and elusive, we feel their self-defense argument shouldn’t simply be taken for granted.”
In the criminal justice system, police have the power to make arrests but independently elected prosecutors make the final decisions on which charges to pursue in court.
George declined to comment Friday on del Pozo’s statement. She referred to a letter to police that she released on August 31 explaining her decision.
“Mr. Martin’s actions were irresponsible, dangerous and injudicious,” she wrote. “However, given the totality of the circumstances, his actions were not criminal.”
On Twitter Friday afternoon, Mayor Miro Weinberger sided with del Pozo.
“Our police department is right on this one,” Weinberger said. “A night of gun violence in downtown [Burlington] like this should be judged by Vermonters in a court of law. A free pass sends the wrong message.”
Nashid was arrested shortly after the shooting and is currently in federal custody on gun possession charges. He’s due to be arraigned September 20 in Chittenden Superior Court on charges of aggravated assault, negligent use of a gun, aggravated disorderly conduct and reckless endangerment.
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Martin has a record of 10 convictions, 9 of which were assaultive in nature.
He should not be legally allowed to posses or carry a firearm, especially in a bar where alcohol is being served.
Why are our courts coddling violent people like this?
Hey, the only thing that stops a bad guy with a gun is a another bad guy with a gun. Who cares if someone innocent is shot? That woman’s pursuit of life and liberty is irrelevant to my ability to fondle a gun. This message brought to you by a card-holding member of The Well Regulated Militia who believes in Unfettered, Uneducated, Irresponsible Access to All Weapons All The Time.
Hold on here…a self defense argument only holds against the actor from which defense if required and justified by law. The harming of a non-actor when defending against an actor of offense requiring reasonable defense, is a crime. There was a battery and wounding of an innocent bystander, and as such a crime. Willful, wanton, disregard.
And, is this lowlife a previous felon? That would be a violation alone. The family will sue this wonderful Burlington resident I’m sure, but probably get nothing from his likely empty piggybank.
Must have been a tough call. I’m giving Chittenden County State’s Attorney Sarah George the benefit of a the doubt.
When self defense (or defense of another) is raised, it’s the prosecutor’s job to disprove that claim, beyond a reasonable doubt. If she didn’t have the evidence to do that, then not filing a charge is the right move.
I’m always concerned by the attitude of “just file the charges and let a jury decide.” When a person is charged, even if they are ultimately acquitted, that person typically loses freedoms (in the form of “conditions of release” imposed by the court pending trial), not to mention thousands of dollars in legal fees. A prosecutor should be a gatekeeper, only bringing cases when she honestly believes she has the evidence to prove them, lest innocent people suffer these costs.
For any lawyer reading , please educate me. Assuming perp has valid self defense claim, Self defense as I understand it is only a legal defense against the reasonable harming of the actor doing the offense, and only so much as to stop the threat. But how is self-defense a defense against a criminal battery (and almost manslaughter) of a non-acting, non involved party? It is absolutely a criminal offense when hunting (you shoot at a deer, miss, you bullet travels 1/2 a mile, strikes a person walking, you are criminaly responsible – no different here). Hell. charge the guy under target shooting criminal negligence and resulting battery then – there is successful criminal cases under those facts. Sorry, I believe Sarah George has this wrong and I bet this is not a dead issue, Burlington police are not dummies, and have good reason to believe a criminal charge exists based upon facts and evidence.
Berry, this isnt about the guy who shot the innocent bystander. Thats Rashad. He IS being charged. This is about the guy he fought with. Read closely.
Know….ok thanks, my mistake. I read as the shooter of the girl was not being charged…but my mistake, the other one still in custody is the shooter and a prior felon. So, the one claiming self defense is not a prior felon. Confusing…but I understand now.
Racist liberals dont believe a black man has the same right of self-defense as the rest of us.
Not surprisingly; the first gun control laws were enacted by democrats protecting their KKK brethren from their black victims.
This almost sounds like Vermont is going to have a ‘Stand Your Ground” law. Not good.
“Our police department is right on this one,” Weinberger said. “A night of gun violence in downtown [Burlington] like this should be judged by Vermonters in a court of law. A free pass sends the wrong message.” Miro “We want illegal gun control in Burlington” Weinberger and the police chief he imported from Bloomberg’s NYPD. Why am I not surprised at this?
Well, so much for strict enforcement and prosecution of gun-related crimes. Remember this case the next time a stricter gun law advocate runs his or her mouth.
Someone should tell the mayor and his top guard dog to mind their place. They’re just disappointed they won’t be getting the extra revenue from more fictitious criminal prosecution.
Only the injured party has the right to bring a complaint against a wrongdoer. Not the police, not the politicians… the injured party, period. So Del Pozo, who did Martin cause injury or harm to? Did that man/woman come to you demanding to swear a complaint against Martin? No? Then you have nothing and you just want to run Martin through the Bar Association wringer to pump revenue through your crooked protection racket.