A Hancock, Vt., man pleaded not guilty Tuesday afternoon to a charge of second-degree murder in the shooting death of another man earlier this month in Addison County.
Tanner Leary, 23, appeared in handcuffs in Addison County Superior criminal court in Middlebury, Vt., after turning himself in to authorities hours earlier.
The murder charge against Leary stems from a shooting that took place on Bettis Road in Hancock on the morning of Feb. 8 that killed Howard Doyle, 45, of Rochester, Vt., according to police.
Judge Alison Arms set bail at $100,000 for Leary, with conditions that, if posted, he would reside with his father in Fairhaven, Mass.
Police had released little information into their probe in the days after the fatal shooting. However, an affidavit filed in support of the murder charge by state police Detective Sgt. Joshua Lewis was made public this week and provided new details into the investigation.
Lewis wrote in the affidavit that police were called to Bettis Road a little before 10 a.m. on Feb. 8 for a reported shooting.
A responding officer found Doyle dead, his body partially in the roadway and partially in the vehicle with a blue fuel container near him, the detective wrote.
Cathrin Denis, who called 911 reporting the shooting, told police that a little before 10 a.m. she heard gunshots, left her home, which is next to Leary’s motorhome, and spoke to him, according to the affidavit. She said Leary said he “had to do it,” the affidavit stated.
Leary told police that he had known Doyle for over a year and that more recently there had been disputes between them related to a relationship between family members, the affidavit stated.
Two days before the fatal shooting, Lewis wrote, Leary told police Doyle came to his home and they got into another altercation, with Leary punching Doyle in the face and knocking him down.
Leary said he told Doyle to fight him, but Doyle didn’t and instead said to him something to the effect of “your day is coming,” Lewis wrote.
Then, on Feb, 8, when Leary said he was outside his motorhome chopping wood Doyle drove up in a vehicle, got out and was carrying a blue 5-gallon fuel container, the affidavit stated.
Leary said as Doyle approached his motorhome he went inside and grabbed his 9 mm handgun, the affidavit stated. Leary said he came out of the residence and then he saw Doyle pouring what appeared to be fuel from the container onto his generator, solar panels and snowblower, which were leaning against or near his motorhome, Lewis wrote.
Leary told police he feared Doyle was going to ignite the fuel and damage his property and possibly Leary or others, and he shot at him, Lewis wrote.
“T. Leary indicated that at this point H. Doyle moved back towards his vehicle in the roadway,” Lewis wrote. “T. Leary said he continued shooting at H. Doyle and believed he fired all 8 rounds from the gun.”
An autopsy found that Doyle died of multiple gunshot wounds, including to his neck and upper chest, the affidavit stated.
Kaplan, Leary’s attorney, said Tuesday after the hearing, “Mr. Leary believes a jury will find his actions were justified in light of the circumstances.”
If convicted of the murder charge, Leary faces up to life in prison.
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