MIKE DONOGHUE

Free Press Staff Writer

A Winooski police corporal accused of assaulting a suspect is scheduled to change his plea Wednesday morning in Vermont Superior Court.

Jason Nokes, 43, previously has pleaded not guilty to charges of aggravated assault, reckless endangerment and providing false information to state police.

The charges arise from a confrontation with a combative mentally ill man, Isaac Sage, in April 2013 in downtown Winooski. Sage, a suspect in a trespassing case, punched Nokes, who responded by shooting Sage in one of his legs after three attempts by a second officer to subdue him with a Taser failed.

Chittenden County State's Attorney T.J. Donovan announced the change of plea in a late-afternoon email to the media Tuesday. The statement contained no additional information, including how Nokes might plead or to what charges.

Nokes case had been set for jury selection in less than a week.

Donovan declined to comment beyond the brief email.

Defense lawyers Brooks McArthur and David Williams also said they would have no comment.

Winooski Police Chief Rick Hebert told the Burlington Free Press he had been informed Nokes will not contest two misdemeanor charges. The felony aggravated-assault charge will be dismissed. Hebert said he had briefed his boss, City Manager K.C. "Deac" Decarreau, that the case is expected to end Wednesday.

No-contest pleas in criminal cases may not be used as evidence in lawsuits. Hinesburg lawyer Robert Appel, who represents Sage, has been sitting in on court hearings for a possible lawsuit against Nokes and the city of Winooski.

Nokes, who remains out of work due to injuries received in the case, had maintained he acted in self defense. He is a a 20-year police veteran.

The false-information charge focuses on whether Nokes saw or thought he saw Sage had a knife or some other item in his hand when he attacked the officer.

The charges stem from an April 25, 2013, incident that started as a trespass complaint filed by a woman concerned about Sage at the gym at the Woolen Mill apartments in Winooski.

Sage, 37, "without provocation, sucker-punched Nokes," who became disoriented and sustained a concussion and broken nose, McArthur has said. Backup Officer Chris Machavern, who also was injured, used a Taser three times in unsuccessful attempts to control Sage.

Sage, who was living at a Winooski group home for HowardCenter clients, had left the gym and was found on East Allen Street not far from the police station.

Sage initially was charged with two counts of aggravated assault, resisting arrest and unlawful trespass. Those counts were dismissed May 31, 2013, when Sage, who suffers from paranoid schizophrenia, was found insane during the assaults and incompetent to stand trial.

EARLIER COVERAGE ON NOKES CASE

Lawyers: Cpl. Nokes acted in self-defense

Judge: Jury will decide police assault case

The change-of-plea hearing is scheduled before Judge Samuel Hoar, because there is a pending motion to disqualify Judge Michael Kupersmith on the grounds that he is biased against Nokes.

Tuesday, Vermont Administrative Judge Amy Davenport took under consideration the move to have Kupersmith removed from the officer's upcoming trial. She heard arguments from Williams and Assistant Attorney General John Treadwell on whether comments written by Kupersmith could mean that he thinks police might lie.

"You are reading a few things into it," Davenport said about a ruling issued last month by Kupersmith denying dismissal of criminal charges against Nokes.

"You don't have to read much into it," Williams said about the perceived bias against Nokes.

Kupersmith had rejected a defense request Oct. 17 to dismiss three charges, including aggravated assault, against Nokes. Williams and McArthur used the ruling to base their motion on asking him step down.

The judge wrote, "It is an unfortunately common occurrence, amply reported in the media, that police justify the use of deadly force by asserting that an object, which might have been a gun or other weapon, was seen in the victim's hand."

Kupersmith denied the motion to dismiss without a hearing.

Jury selection was set for Monday, with the trial planned for the following week.

Vermont Attorney General William Sorrell and Donovan requested a grand jury in July 2013 to determine if Nokes should face charges. The grand jury decided to indict the officer.

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