BENNINGTON — A Shaftsbury man faces charges after police said he shot out the windows of a woman's vehicle while it was parked in front of a North Bennington pub on Wednesday morning.
James J. Farrell, 58, pleaded not guilty in Bennington criminal court on Thursday to felony unlawful mischief greater than $1,000 and misdemeanor reckless endangerment.
Judge David A. Howard released Farrell with conditions, including that he not possess any firearms, stay away from the victim and Kevin's Sports Pub, and undergo an alcohol and substance abuse screening within 14 days.
Bennington police responded to Kevin's at 27 Main St. at about 8:05 a.m. Wednesday, according to a court affidavit by Officer Benjamin Lackey. The woman who owns the SUV told police she was in the second floor office when she heard shots.
A witness told police that he was driving to work when he saw a man in a vehicle in front of him stick his arm out the window. He told police he heard three or four shots and noticed glass breaking on a parked SUV. The witness said he followed the vehicle, which turned left onto Houghton Street before it sped away.
The SUV's front driver's and front and rear passenger's side windows each had a hole in them; the rear driver's side window was shattered, according to the affidavit. From the looks of the holes, it appeared the gun was fired from the driver's side. Police would later recover at least three copper fragments from inside the SUV. The damage was estimated to be least $3,500.
Investigators were led to Farrell, who knew the woman, according to the affidavit. In an interview with police, Farrell "admitted that he had four beers and went to North Bennington to shoot out [the woman's] windows in her vehicle...Farrell said that he went to North Bennington in a fit of rage," the affidavit states.
When the gun was seized by police, it had one bullet in the chamber and two in the magazine.
The felony charge carries a maximum five-year sentence, a $5,000 fine, or both.
Defense attorney Frederick Bragdon, representing Farrell in court, said "the nature of the charges are alarming" and noted that no one was hurt.
Bennington County State's Attorney Erica Marthage asked Howard to set release conditions in lieu of bail.
Marthage said a mental health screening at the Bennington police station Wednesday indicated Farrell met criteria for hospitalization. A second screening, done prior to Farrell's arraignment Thursday afternoon, found him not to be in need of hospitalization, she said.
Farrell was expected Thursday evening to surrender several firearms at his Shaftsbury home to Vermont State Police. Bragdon said Farrell had one loaded firearm with ammunition and at least five others, for which he didn't have ammunition.
Ed Damon can be reached at edamon@benningtonbanner.com, at @edamon_banner on Twitter and 802-447-7567, ext. 111.
