Friday, June 19, 2015

Police: Land dispute rises to gun threat

Police: Land dispute rises to gun threat
By Kathleen Phalen Tomaselli
Staff WRiter | June 19,2015
 
A festering dispute about the ownership of a Mount Holly property right of way escalated into death threats with a loaded revolver, Vermont State Police said.

Police also said they heard shots fired while they searched for David Marquis, 29, along a logging trail off Route 155.

Marquis pleaded innocent this week in Rutland criminal court to reckless endangerment.

The charge carries a potential one-year jail sentence for conduct that places another person in danger of death or serious bodily injury.

The incident on Route 155 in Mount Holly had been brewing ever since Marquis bought land that must be accessed through a right of way. Police said the other property owner, also a male, had an issue with the way Marquis accessed his newly purchased property.

Verbal altercations had occurred previously, but had not become physical, police said.

On May 18, the other man said, he saw Marquis drive past his home several times. At about 6:30 p.m., the man said, he was in his backyard with his children when he saw Marquis driving a Toyota FJ Cruiser with Massachusetts plates past his home again and he stepped into the road to flag him down.

The man told police he put his hand out to Marquis, who veered toward him with his vehicle.

In a sworn statement, the man said Marquis drove to a turnaround near the intersection of Tarbellville Road, screeching his tires and driving back to the man’s home.

Marquis allegedly thrust a .44 Magnum Ruger revolver into his face and screamed, “I’m going to (expletive) kill you, I’ll take you out and I will put a bullet in your head.”

The man told police the gun was so close he could see the bullets in the cylinder.

The man told Marquis his children were behind him, btu he allegedly replied, “I don’t care — I’ll kill you right here.”

A woman at the home called police. When the troopers arrived, the man, woman and children were visibly upset and Marquis was gone, police said.

“I felt my children’s lives were in danger, and if he would have shot he would have killed me or my wife and sons,” the man said to police.

Marquis lives in a recreational trailer in a wooded section of the property, and it is accessed by two trails located across from the man’s property about a half mile up a Class 4 road.

At about 8 p.m. State Police headed up the trail to arrest Marquis, and when they were about a quarter of a mile up the trail, Trooper Patrick Slaney said he heard a gunshot directly in front of him.

“I perceived the gunshot to be from a high-powered firearm,” he wrote in his affidavit. “A few seconds later I heard a second gunshot go off.”

Because of the danger, the troopers returned to the other man’s residence, Slaney said. While walking back, they heard three additional gunshots.

“It should be noted that these gunshots were in such close proximity to us it immediately caused us to move behind cover for protection,” he said. “I was in fear that the gun was being shot toward the other troopers and me.”

Marquis was not apprehended at this time.

But the next day, at about 1:30 p.m., Marquis came into the State Police barracks in Rutland to request a restraining order against the other man.

Marquis said the other man had threatened him, and when he stopped his car in the road, the other man threatened to kill Marquis’ dog.

Marquis said he was in fear for himself and his dogs. The other man said, according to Marquis’ sworn statement, “come fight me, fight me you (expletive), come out of the car.”

That’s when Marquis said he pulled out his gun. Marquis said the man yelled to his wife to get his gun.

As far as the shots fired near police, Marquis said he fired multiple rounds to scare off a bear, police said.

Police said a witness heard the men fighting, but believed Marquis was the aggressor.

Judge Thomas A. Zonay released Marquis on conditions, and his next hearing is Sept. 2.

kathleen.phalentomaselli

@rutlandherald.com

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