STATE OF VERMONT
SUPERIOR COURT CRIMINAL DIVISION

RUTLAND UNIT Docket 194?2?18Rdcr
STATE -
V.

JACK SAWYER

State?s Notice of Dismissal on Counts #1-4 and
State?s Motion to Continue Bail and Conditions of Release
as Ordered on April 17, 2018.

Now comes the Stateof Vermont, by and through Rutland County State?s
Attorney Rosemary M. Kennedy, "and herby notices its dismissal of counts 
I 4 Attempted Aggravated Murder in violation of 13 V.-S.A. 9 and 2311(a)(3),
Attempted Aggravated Murder in Violation of 13 V.S.A.  9 and 2311(a)(7), I
Attempted Murder in the 13': Degree in violation of 9 and 2301
and Aggravated AsSault with a Weapon in violation of 13 V.S.A. 1024(a)(2).
The State dismisses all four counts without prejudice, pursuant to 
12(d), because the Vermont Supreme Court?s decision in this case makes
continued prosecution of these attempt charges, on the available evidence,

untenable.

The following evidence was introduced at the Weight of the Evidence
hearings presented on February 27 and March 2, 2018: 

In 2016, the defendant was a student at Fair Haven Union High School
hereinafter In the spring of that year, teachers and administration

became concerned, by defendant?s behavior and apparent fascination with the

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Columbine school massacre. They began a threat assessment and
determined that defendant posed a threat to the school. Before any plan
could be initiated defendant left the school and ran away to California. 
Ultimately, defendant dropped out of his parents enrolled him 
in a residential treatment facility in Maine. At the time defendant dropped
out of FHUHS, he was within a couple of weeks from carrying out his plan to
attack? FHUHS. Defendant explained that he had purchased a wood?grain
shotgun to conduct his shooting. Vermont State Police [hereinafter 
later obtained this shotgun from defendant?s father, David Sawyer. The
shotgun was sawed off just past the end of the pump action. As defendant

explained, his initial plan was disrupted by his parents? intervention and
placement of him in the facility in Maine. Defendant continued to plan and
prepare for his goal of killing as many FHUHS students as he could. The

intervention and programs in Maine did not cause him to abandon his plan.

Defendant spent approximately 15 months in the Ironwood School in
Maine. After that, he was enrolled in another residential program Called
Cornerstone, also in Maine. Defendant remained there until on or about
February 9, 2018 when he returned to Vermont. Defendant turned 18 years
old on August 11, 2017. In late February, defendant realized he could leave

Cornerstone without his parents? permission.

Defendant told VSP that he used his time in Maine to improve his
plan to kill students at FHUHS. In an entry dated October 23, 2017, in
defendant?s journal that he entitled ?The Journal of an Active Shooter,?
defendant writes, I I I

?I?ve remembered why I almost shot up my old school in the
?rst place and that?s because people me off so much that
I?ve developed a hatred to mostly every person I?ve ever met.
They?re all idiots and deserve to be shot.?

In an entry dated October 25, 2017, defendant explains that he has
suicidal thoughts, but that he desires to die ?in a bigger 85 better Way than

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just the stereotypical Suicide . . and that he is ?developing a better plan this

time versus [his] previous one.?

In an entry dated November 11, 2017, defendant writes that he knows he
will ?probably let [hisfamily] down when [he] commits his plan? but then.
goes on to write that:

?Italso makes me sad knowing that a lot of the people who I
went to school with at FI-IUHS won?t be there still when I
return. Most will have graduated or moved on. Nonetheless, it
is still the place where I struggled greatly and the. environment
that I suffered in, so I still feel the need to try and kill every
stupid there.?

In an entry dated November 11, 2017, defendant writes:

?I?ve had a change in plans. The day will be coming much more
sooner than previously thought. I?ve realized the huge
importance of being able to kill the kids that I actually know
versus waiting a year or so until they? re all gone. I?m aiming to
kill as many as I can'and whoever I can, but it?d also be more
fun and satisfying to kill a lot of the dumb that I actually
went to school with, I know what they? re like and how. idiotic
they are. With the sudden shift in plans, that also means that
I need to prepare and gather supplies quicker.?

In an entry dated December 1, 2017, defendant writes:

?The biggest thing I?m trying to ?gure out right now can into the shooting before cops bust me first
and shoot me dead. I know that I am going to have to? take
officer Scott out first . . . I?m intending to just blow his --
head off before he can even draw his gun or think about what is
happening . . . - I

In an entry dated December 4, 2017,. defendant writes:

?From the time I had the first initial thoughts of ?shooting up
FI-IUHS, it was too late to turn back on it. I can?t back out on
something so easily once I?ve dedicated myself to it.?

In an entry dated January 2, 2018, defendant writes:

?I?ve recently stopped taking my meds. Not only do I think that
they were doing nothing, but also in case they were doing
something, I decided that I want to be as much in total control
as I can. Control over who lives and who dies.? 

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He goes on to write that he is only remaining at Cornerstone so he can
?comfortably prepare and build up [his] arsenal? ?without raising suspicion?.
?I?ll probably be buying. the shotgun and ri?e legally thrdugh stores, but I?ll
also most likely be buying a handgun through the dark web. online.? 

In an entry dated January 6, 2018, defendant writes:

?I?m trying to put every bit of my money towards my guns so I
can just get on with this already and end it as quickly as I can.
I?m tired of it all. It?s weird knowing that I?m putting up with
everything in my life right now just waiting until I?m able to'
commit the shooting and once that day comes, then nothing
will matter anymore.? I

In an entry dated January 11, 2018, defendant writes:

?The big question still on my mind is, how do I go about killing
officer Scott before he can kill me or stop me? . . . Tomorrow I?m
going to buy the shotgun at Dick?s so that?ll be exciting.
Afterwards, I still haven?t decided whether it?ll be the ri?e or A
the handgun that I buy next. The handgun'I would have to
buy off the Dark web, not too hard. The ri?e .will probably be
an Alt-15 type, maybe from Cabela?s . . . 

In an entry dated January 28, 2018, defendant writes that he has not
bought any guns yet. He explains that he has decided to buy them as close in
time to each other as possible, so he does not need tohide them very long. He
writes: I I

?I?m aiming to carry out this plan in March . . . I?m trying to get
more work hours so I can get more money for all of this and so I
can be well prepared for when the time comes. I want to make
this happen sooner rather than later . He describes his plan
to lie to his dad and friends and act as if everything is alright,
but that he intends to go to and ?gear up and let loose
[his] anger and hatred. It?ll be fantastic.?

In an entry dated anuary 28, 2018, defendant writes:

?The other day I-purchased $500 worth of Bitcoin which soon,
once it arrives in my?Bitcoin'wallet, I?ll be buying that Glock 19
off the dark web.

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Subsequently, after a consent search of defendant?s laptop, VSP found
that defendant did purchase $500.00 worth of Bitcoin on the Dark web using

a TOR browser which is meant to conceal a user?s IP address.

In an entry dated February 3, 2018 which appears to be the last entry 
defendant Writes:

?Today I went and tried buying the shotgun at Dick?s, but
found out that I need a Maine license . . . This just means that
I?ll be taking a lew?key trip to VT soon to get the shotgun and
hopefully, ri?e. It?s all very complicated and I feel very rushed
with the date being only a little more than a month away, but
this span of time to do it is the best option as not to raise any
alarms or suspicions. Soon I?ll have the bitcoin to buy the .
handgun off the dark net, so that?ll be'good. My only worries
are that people in the house [Cornerstone] will start
questioning my packages, that I Won?t be ready in time, and if
it becomes apparent that have little money and being asked
where it?s all going.? I
Defendant later told VSP that he realized he could leave Cornerstone as
an 18 year old. He explained that he then came to Vermont to carry out his

plan after he could not buy a gun in Maine.

Once back in Vermont, defendant told VSP that he was living out of his" I 1
car or sleeping at friends? homes. At the bail review hearing, defendant?s

father testified that the defendant spent one night at his house.

On February 14, 2018, Fair Haven Police Department [hereinafter 
received a call from a parent whose child attended FHUHS. The call
indicated that defendant was back in Vermont, had purchased a gun and was
making threats. to FHUHS. Chief Humphries from the FHPD responded to
the call and located defendant at his friend?s home in Poultney. When
Humphries made contact, defendant was holding a jug and indicated to the
chief that he had just been target shooting with a shotgun he bought the day
before. Defendant showed Humphries the spent shells he had used. During
this conversation, defendant assured Humphries that the threats to FHUHS

were old from 2016 and that he was not intending to harm the school at-

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this point. Chief Humphries concluded that no crime had occurred and left

defendant.

Detective Hewitt of contacted Dick?s in Rutland Town and
determined that defendant purchased his 12-gauge shotgun on February 13,
2018, as well as 4 boxes of ammunition. The State presented defendant?s
Form 4473 and receipts from Dick?s into evidence. The shotgun and

boxes of remaining ammunition were located in defendant?s car.

The following day, while Chief Humphries was at FHUHS, he was
contacted by a school resource officer in New York. The officer sent Chief
Humphries images of a Facebook messenger conversationbetween defendant

and a student, A.M., at the New York school.

In a text message, later determined to be sent on Sunday, February 11,
2018, defendant writes: ?Back in VT I?m trying to start fresh. -Just a few days
I ago I was still plotting on shooting up my old high school so it?s not like I-
really wanted a future anyways . . . When AM. texts that he shouldn?t do
anything impulsive, defendant responds, wouldn?t consider [the plans to
shoot up necessarily impulsive because it?s been the plan for like 2

years, but don?t worry I won?t be.?

In a text conversation later determined to be Wednesday February 14,
2018, the day of the Parkland school shooting in Florida, AM. asks defendant
if he is watching the news because the school shooting is being reported.
Defendant responds, ?That?s fantastic. 100% support it . . . I think the
human population sucks so I like to hear about cases of natural selection.?

He goes on to explain that it is natural selection because ?it?s getting rid of
I the dumb by getting shot. . . . Having read these messages, Chief
Humphries concluded that the defendant?sthreat to the FHUHS was not

merely Something that existed in 2016, but is rather, a present threat.

in cooperation with VSP detained defendant and brought him to
the Rutland Barracks. Defendant participated in a Mirandized interview

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with VSP detectives. Throughout the course of the interview, defendant told
the detectives about his plans to carry out an attack on the FHUHS and his
goal to commit the largest school shooting in history more than the 32

murders committed at Virginia Tech on April 16, 2007.

I Defendant told detectives the actions he already committed in
furtherance of his plan: 

1) ?Moving baCk to Vermont;
I 2) Purchasing a shotgun;
3) Purchasing ammunition;

4) Researching the types of shotgun ammunition that would be most
effective in causing the most casualties;

5) Target practicing with the shotgun he purchased; 

6) Researching the cnline calendar to select a date for his plan;
7) Picking March 13, 2018 as his preferred date for the shooting;

8) Saving money to purchase the items on his equipment list;

9) 'Lying to Chief Humphries about his purpose in-pu?rchasing the
shotgun; .

10) Converting money from his bank account to Bitcoin for the purpose of

buying a handgun on the dark web. 

The State presented these actiOns, eSpecially the buying of the 12-guage
shot gun, as an ?overt act? and the "commencement of the consummation? of
his plan to kill students at FHUHS because that is how defendant described
these actions to VSP. -

Defendant discussed the actions he had already committed, the aetions he

has yet to take and his commitment to carry out hisplanned massacre.

He told Detectives Alberico and Wilkins that despite-2 years away and 2
. years of treatment, he is still Committed to his plan and his plan has
improved. He stated that the 2 years has given him time to make his plan to

commit a mass killing, more ?precise.? He also told the detectives that

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though they may detain him and force him to postpone his killings, he will

still commit a mass? shooting.

On February 16, 2018, this Court found probable cause on Counts #1-4
and on March 19, 2018, this Court found that evidence outline above and
admitted intoevidence was great, pursuant to 13 V.S.A. 7553.

The Supreme Court disagrees. In a decision dated April 11, 2018, the
Court cites People v. Murray, 14 Cal. 159 (1859) discussed in State v. Hurley,
79 Vt. 28 (1906). The Court writes: 

?The preparation consists in devising or arranging the means
or measures necessary for the commission of the offense; the

attempt is the direct movement toward the commission after
the preparations are made. To illustrate: a party may
purchase and load a gun, with the declared intention to 'shoot
his neighbor; but until some movement is made to use the 
weapon upon the person of his intended victim, there is only
preparation and not an attempt.?

Id., at159?60.

In this case, FHPD, FHUHS, VSP and the Rutland County State?s
Attorney?s Office acted swiftly and diligently to use the law of attempts to
address the defendant?s actions and plans before they resulted in shots ?red
on school grounds. The State, in coordination with FHPD and VSP, believed
that the evidence and the information defendant provided amounted to an
?attempt? under 13 V.S.A. 9. The State advanced its arguments in this
?Court and at the Vermont Supreme Court. The Vermont Supreme Court?s
decision leaves the prosecution of counts 1?4 untenable on the available
evidence. Given the Supreme Court?s decision, the State has no choice but to
dismiss Counts Without-prej udice. Should new evidence emerge that

will satisfy the Supreme Court?s standard, the State will refile.

Regardless, Counts #5-and 6 still exist. As such, defendant stands
charged of Criminal Threatening, in violation of 13 V.S.A. 1702 and
Carrying a Dangerous _Weapon, 13 V.S.A. 4003. Based on the evidence and

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argument provided at the two-day Weight of the Evidence hearing and the
bail review hearing on April 17, 2018, the State moves this Court to continue
the $100,000.00 bail and the conditions of release that were impoSed on April -
17, 2018.

Dated at Rutland this 20th day oprril, 2018.1

 
    

By:  
Rosemary M. Kennedy
Rutland County State?s Attorney

    
   

I fr 4 
\Jlan C. Sullivan, 
Deputy State?s Attorney

cc: Kelly Green, counsel for defendant

 

1 Today?s date weighs heavily on the minds of the undersigned. Eighteen years ago,
in 1999, two high school students at Columbine High School in Colorado killed 12 of
their fellow classmates, killed 1 teacher, and left another 21 people injured. In the
aftermath of that massacre, people debated whether the school, the community or
law enforcement could have done more to prevent the senseless killings. In this
matter, all involved -- from the parent who called FHPD on February 14 and AM.
who reached out on February 15 to Chief-Humphries and VSP - acted swiftly and
decisively to try and avoid a tragedy. 

From the minute the Rutland County State?s Attorney?s Office was informed of
defendant?s text messages, it has carefully reviewed the evidence and the caselaw
time and time again. In cooperation with law enforcement, we believed that ..
defendant?s actions substantiated an attempt under Vermont law. We take defendant
at his word that he intends to commit a mass killing, that he has prepared to do so
and that if unchecked, he will commit a mass killing. The Vermont Supreme Court
has Concluded that the available evidence does not substantiate an attempt. The
undersigned believes Vermont?s law of attempts has proven inadequate when a
planned school massacre is uncovered in what the Supreme Court deems its
preparatory stages. The undersigned hopes that-the Vermont Legislature, as the
Supreme Court notes, ?tasked with enacting such laws as the people of Vermont
think necessary? deems a new attempt statute necessary and enacts legislation this
term. 

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