Elizabeth Murray

Free Press Staff Writer

A motion to dismiss charges against Winooski Police Cpl. Jason Nokes, who is accused of shooting a mentally ill man, has been filed at Vermont Superior Court in Burlington.

The motion, filed May 1 and written by defense lawyer Brooks McArthur, argues that the state "cannot prove beyond a reasonable doubt" that Nokes, 43, of Milton did not act in self defense or that he acted recklessly when he shot Isaac Sage in the leg in April 2013.

Nokes is charged with aggravated assault with a weapon, reckless endangerment and giving false information to a police officer. He has pleaded not guilty to the charges.

Sage, without warning or provocation, punched Nokes in the face in April 2013, causing Nokes to become disoriented and to receive a concussion and broken nose, the motion said. Nokes wounded Sage in the leg after three attempts to use a Taser on him failed to stop Sage's attempts to resist arrest, the motion said.

Both McArthur and Winooski Police Chief Steve McQueen said Nokes remains on medical leave due to injuries received in the attack.

Sage, of Winooski, was initially charged with four criminal charges, including two counts of aggravated assault on Nokes and a second Winooski police officer. The two assault counts, resisting arrest and unlawful trespass were dismissed May 31 when Sage was found incompetent.

McArthur wrote in the motion that Nokes' decision to fire his weapon was "consistent with the Winooski Police Department's use of force policy which authorizes the use of deadly force when an 'officer is faced with imminent threat of serious bodily harm or death to him/herself, or some other person who is present.'"

Nokes was not acting out of anger or any desire to inflict pain, McArthur wrote in the motion.

McArthur argued that the state will be unable to prove that Nokes lied to a police officer as well. According to the motion, Nokes had told a Vermont State Police detective that he thought he had seen an object in Sage's hand when he had approached Sage on West Allen Street.

After reviewing a surveillance tape from the Woolen Mill in Winooski, the detective saw a pair of sunglasses in Sage's hand, and Sage also testified in his deposition that he had the sunglasses in his hand when he met Nokes, the motion said.

The state has the opportunity to respond to the motion by Friday. Chittenden County State's Attorney TJ Donovan said the state will "certainly respond, and we'll oppose it."

"We look forward to trying this case," Donovan said. "We charged the case and we intend to see it through."

A hearing is set for May 23 to discuss a motion that had been filed in March to get access to the same information that state prosecutors had about Sage when they sought criminal charges against the veteran officer. McArthur said he did not think the motion to dismiss would be on the discussed at the hour-long hearing.

Contact Elizabeth Murray at 651-4835 or emurray@freepressmedia.com. Follow her on Twitter at www.twitter.com/LizMurraySMC.