Donovan: Rutland shooting justified

By Patrick Mcardle
Staff Writer
An officer with the Rutland City Police Department who shot and wounded a local man during what was described as a narcotics operation will not be prosecuted for the incident, according to Attorney General T.J. Donovan.

A news release stated Donovan’s office had concluded its investigation of the July 8 shooting during which Officer Tyler Billings, of the Rutland City Police Department, shot Michael Goodnough, 45, of Rutland. The investigation concluded Billings’ was justified. Donovan said he is declining to prosecute.

Windham County State’s Attorney Tracy Shriver, who reviewed this matter for the Rutland County State’s Attorney’s Office, also conducted an independent review of the same materials and also has declined to file charges against Billings.

The AG’s office also looked at the incident through the lens of Act 165, a new “use of force” statute that will go into effect in July and found Billings’ actions still would be justified.

“(B)ased on the totality of the circumstances, it was both reasonable and necessary to protect Officer Nathan Harvey from an imminent threat of death or serious bodily injury,” the release stated.

The incident was investigated by Vermont State Police, which then turned over the troopers’ findings to Donovan’s office. The evidence included statements from the officers involved and civilian witnesses, video footage and a ballistics examination of Billings’ gun. Footage was provided by the police cruisers at the scene, but the police there were not wearing body cameras.

The statement from the AG’s office included a description of the circumstances, including information that had not been previously been made public.

Police learned on July 7 that Robert Vandriel, who police said was in a car with Goodnough during the incident, was selling drugs from the Travel Inn.

Rutland Sgt. Adam Lucia, using an alias, allegedly arranged to buy a gram of crack cocaine from Vandriel later that night at the parking lot of Top’s Supermarket at the intersection of Terrill Street and South Main Street.

Police came up with a plan under which two uniformed officers would be called if Vandriel, who police suspected was armed, was not alone when he arrived at the meeting. If he did not arrive alone, the plan was to call in two uniformed police officers, Officers Nathan Harvey and Elizha Heter. Police would detain Vandriel, seize the vehicle and apply for a search warrant.

Three officers, including Billings, went to the Terrill Street lot in a white Ford pickup and waited. Just as they were about to give up on the arranged buy, Vandriel allegedly called and said he was on his way.

Just after midnight, Vandriel and Goodnough arrived at the parking lot in a sport utility vehicle. Because Vandriel was not alone, the officers called in the uniformed back-up.

Officers at the scene told investigators that Vandriel got out of the car. They said they identified themselves as police, but Vandriel tried to get back into the SUV. Police said there was a struggle to keep Vandriel out of the SUV.

Harvey tried to stop Goodnough from driving away, but he said the vehicle began to reverse quickly, leaving him in fear that he would be trapped between the SUV and his parked cruiser.

Billings saw what happened and said it appeared to him that Harvey was being dragged backward by the SUV. Billings saw Harvey lying on the ground near the front driver’s side tire of the SUV and it appeared part of Harvey’s body was under the SUV. Billings thought Harvey had been crushed when the SUV struck the cruiser and that Harvey had been injured.

As the SUV started moving forward, Billings fired his gun because he thought Harvey’s life was in danger.

Harvey had gone back to his cruiser and followed the SUV until it crashed at the intersection of Jackson Avenue and South Main Street.

Harvey administered first aid to the driver until EMTs arrived.

Both Vandriel and Goodnough were taken to Rutland Regional Medical Center. Goodnough sustained a number of gunshot wounds, and while Vandriel was not shot, he sustained injuries in the crash.

Both Goodnough and Vandriel survived.

Rutland City Police Chief Brian Kilcullen said his department appreciated the “thorough review” conducted by the Vermont State Police, the Vermont Attorney General’s Office and the Windham County State’s Attorney’s Office.

“I think the report is incredibly thorough and really details the circumstances of the incident that night. I think anyone reading it will get a real good sense of what the officers were dealing with and how serious the incident was,” he said.

Also, Kilcullen noted the statement from Donovan’s office showed that Harvey, just after a life-threatening incident, not only continued to pursue two suspects, but rendered aid to someone who had allegedly driven an SUV and struck the officer in a way that could have seriously injured or killed him.

“I think that speaks volumes about his character and his commitment to his profession and the people we serve,” Kilcullen said.

Billings has been on administrative leave since the shooting, but Kilcullen said the decision from Donovan and Shriver would allow the department to re-evaluate Billings’ status.

patrick.mcardle @rutlandherald.com