BENNINGTON -- A South Street man is accused of threatening two repo men with a shotgun after they tried to remove a car from his property Saturday morning.
David G. Buckley, 65, pleaded not guilty Monday in Vermont Superior Court to felony aggravated assault with a deadly weapon, and a misdemeanor count of disorderly conduct. He was released on the conditions that he not have contact with the two men he is accused of threatening, and to not possess a firearm.
According to an affidavit by Bennington Police Officer Benjamin Lackey, on May 17 at 5:28 a.m. he was dispatched to South Street where he met with Peter Buckley, David Buckley's brother, who said he had been woken up by a "back-up alarm" coming from outside his window. He went out to find two men, one of whom told him they were taking the car. He told them to get off the property, but they ran their mouths instead. It was then David Buckley came out with a gun in the air and told the men to leave as well. This time they unhooked the vehicle they were trying to take.
Peter Buckley then went inside to tell a guest what was happening, and the guest told him that they knew the two men outside would be coming. Peter got the key to the car from his guest and gave it to one of the men outside, telling them to take the car but to load it into their vehicle in a parking lot.
David Buckley told police he had told the men they were trespassing, and to leave. He said the gun was pointed in the air at all times.
Chad Mitchell, of B.G. Lenders Service, said he was at the property to repossess a 2007 Pontiac G6 when one of the men came out of the home and began to yell. After saying he was calling the police, he went inside and another man came out waiving a shotgun at them. Mitchell believed he would be shot if he did not unhook the car, so he did and called police.
Matthew Jones, who also works for B.G Lenders Service, told the same story, adding that they explained to the first male why they were there and that the male with the gun said they would be shot if they did not unhook the vehicle.
The affidavit included statements from two witnesses who said they saw four men arguing, one of which had a gun.
David Buckley's attorney, David Silver, said the police report contained statements from witnesses saying the gun was pointed in the air and not at anyone, yet this did not make it into the affidavit. He said the state had over-charged his client, and he argued against Buckley not being able to have a firearm while the case was pending. He said Buckley has no history of violence.
Buckley turned the shotgun over to police, who did not say whether it was loaded or not.
Contact Keith Whitcomb Jr. at firstname.lastname@example.org or follow him on Twitter @KWhitcombjr.