Mike Donoghue

Free Press Staff Writer

Winooski Police Cpl. Jason Nokes will serve no jail time in connection with the shooting of a suspect last year, but the incident will end his law-enforcement career, a judge said.

Nokes received a suspended jail sentence of 12 to 24 months and was placed on probation for two years after pleading no contest to a pair of misdemeanors arising from the confrontation with Isaac Sage, 37, in April 2013.

Vermont Superior Court Judge Samuel Hoar thanked Nokes for his 20 years of service to Winooski and to Vermont, but the judge said the resolution of the criminal case signals an end to Nokes' work in law enforcement.

"I do wish you the best," Hoar said.

Jury selection in Nokes' case was scheduled to begin Monday with the trial the following week.

EARLIER COVERAGE

Nokes remains on medical leave from Winooski police due to head injuries he received when attacked by Sage, defense lawyer Brooks McArthur said.

Winooski Police Chief Rick Hebert, who attended the court hearing, later issued a brief statement saying the department "supports Corporal Nokes' decision for closure, allowing him to move forward in his life."

City Manager Katherine "Deac" Decarreau said later that Nokes remained on the city payroll until Oct. 13, when he was shifted to workman's compensation due to his injury status.

She said the department was seeking to fill a separate vacancy and will now hire two officers.

The most interesting twist in the case came when the state amended a reckless-endangerment charge against Nokes. Prosecutors first had said Sage, who was combative and mentally ill at the time of the incident, was the victim of that charge, but the state amended the count to state that Winooski Officer Chris Machavern was the victim.

Chief Deputy Chittenden County State's Attorney Mary Morrissey told the court Wednesday that Machavern was within 3 feet of Nokes when Nokes fired his service weapon. She said Nokes made inconsistent comments about the incident, which she said unfolded over four minutes.

The state dropped an aggravated-assault charge against Nokes related to the wounding of Sage in the left leg.

Hoar noted there were a few pending legal motions that could have swayed the outcome for either side depending on how the issues were decided.

"This is a fair agreement," said Hoar, who was brought into the case after a motion to remove Judge Michael Kupersmith was filed this month. The defense had asked for Kupersmith's removal from hearing the case over allegations he showed bias against police in a written refusal to dismiss the charges against Nokes. That was one of the motions pending.

While the Nokes case was resolved in the courtroom, it was clear the lawyers on both sides remained firm about their respective positions.

Morrissey and Assistant Attorney General John Treadwell said after the hearing they were satisfied with the outcome. Morrissey called it "fair."

Treadwell called the conclusion a "just outcome" and added that Nokes "acknowledges that the state could prove that he was not justified in his use of force and that he misled the police officers in the investigation."

McArthur said the final charges show there was no mistreatment of Sage by Nokes.

"From our perspective, this is vindication for him," said McArthur about his client. McArthur said "the state realized they had significant factual issues" if the charges involving Sage as a victim proceeded.

"Issac Sage is no longer a victim. He is not considered a victim in this case. As it relates to Mr. Sage, our contention remains, and it's clear that the state believes, they would have had trouble at trial, and they had to amend their charges and dismiss their charges as it relates to Mr. Sage," said McArthur, a former state prosecutor.

He said Nokes had a duty to respond to a trespassing complaint from a women at the gym at the Woolen Mill Apartments.

"Mr. Nokes was there doing his job. He isn't like the rest of us who could have walked away. He has a duty. He is a sworn officer. He had to engage Mr. Sage," McArthur said. "While the outcome is not ideal, it is significantly better than it could have been."

Under the plea agreement, Nokes received suspended 6-to-12-month sentence for each count, which will be served consecutively. Nokes also is required to undergo counseling, if ordered by his probation officer.

Nokes also was told to have no contact with Sage.

Contact Mike Donoghue at 660-1845 or mdonoghue@freepressmedia.com. Follow Mike on Twitter at www.twitter.com/FreepsMikeD.