WOODSTOCK — The Vermont Attorney General and the Grand Isle County State’s Attorney announced in a news release on Tuesday that they have declined to prosecute a Woodstock police officer who returned fire in an exchange with a Woodstock resident this summer.
The charges related to the use of deadly force stem from a June 14 shooting involving Jay Wilson, a 45-year-old resident of 13 Slayton Terrace in Woodstock Village who police have said died of a self-inflicted gunshot wound inside his home after he shot and killed Dieter Seier, a 67-year-old Cornish resident, who had accompanied Wilson’s mother, June, to the residence as she prepared it for sale.
The investigation by Vermont Attorney General Susanne Young and Grand Isle County State’s Attorney Douglas DiSabito — who took on the case when the Windsor County State’s Attorney’s Office recused itself — determined that Woodstock Police Sgt. Joseph Swanson’s use of deadly force “was objectively reasonable and justified.”
After reviewing the materials provided by the Vermont State Police, who conducted the investigation, Young and DiSabito found that Swanson’s use of deadly force was necessary “based on the fact that his life was in danger at the time, and he had no other reasonable alternative response,” according to Tuesday’s release. “Sergeant Swanson was justified in shooting at Mr. Wilson in order to defend his life and the lives of those around him.”
Swanson was the first officer to arrive at the residence at about 1:20 p.m. June 14 in response to 911 calls, the first from Wilson, reporting that he felt he had to defend himself from a man who had wrestled him to the ground, and another from a neighbor, who reported a shooting and identified Wilson as the shooter and the victim as Seier.
As Swanson was attempting to render aid to Seier, who was lying face-down in the driveway with a bullet wound in his back, Wilson came out of the residence and began firing his pistol at Swanson.
Swanson, whose arm was grazed by one of Wilson’s bullets, returned fire. Wilson, who was not struck by any of Swanson’s bullets, retreated into the residence.
“Sergeant Swanson’s return fire was necessary to address the lethal threat that Mr. Wilson presented to him,” Tuesday’s release said. “In returning fire, it also allowed Sergeant Swanson the opportunity to retreat to a safe location.”
Therefore, Young and DiSabito concluded that Swanson’s use of force was justified under Vermont statutes regarding justifiable homicide and law enforcement use of force.
After the exchange of fire, more officers arrived on scene and set up a perimeter as they waited to obtain a search warrant for the residence. Meanwhile, the Vermont State Police’s negotiating unit unsuccessfully tried to urge Wilson to surrender himself. Once the court approved the warrant, officers entered the home and found Wilson dead from “an apparent self-inflicted gunshot wound.”
The Valley News reported in June that the shooting followed conversations June Wilson had with real estate brokers to put her Slayton Terrace property up for sale, including one who was the subject of an angry outburst by Jay Wilson when he visited the property.
June Wilson, of Lecanto, Fla., is still listed in town property records as the owner of the three-bedroom, 1,548-square-foot home, which is appraised at a value of $264,400. It is not currently listed for sale.
Nora Doyle-Burr can be reached at ndoyleburr@vnews.com or 603-727-3213.
