Vermont v. RougeauAnnotate this Case
Defendant Bernard Rougeau appealed a trial court’s requirement that he post $100,000 cash or surety bond to mitigate any potential risk that he flee from prosecution. He was being held in custody for failure to post bail while he awaited trial on three counts: aggravated assault on a law enforcement officer by threatening with a deadly weapon, and interference with access to emergency services. In October 2018, defendant’s sister telephoned the state police to report that defendant was suicidal and had cut himself. The police arrived at the home and an officer located defendant outside, emerging from the surrounding woods, armed. According to the affidavit of probable cause, the officer warned him to drop the weapon, yet defendant advanced toward the officer, still holding the gun. Then defendant raised the firearm. In that moment, according to the affidavit, the officer shot defendant in the abdomen. Defendant was taken into custody and airlifted to Albany Medical Center to treat his wounds. In November 2018, he waived extradition from New York and was arraigned in Vermont on the above-three counts. The State argued that defendant’s charges involved a “mental health break,” threats of self-harm, and a firearm. Moreover, “an individual who flees into the woods with a firearm, indicating to his mother that he wants to be shot by the police, poses a significant risk of flight.” The State also recounted defendant’s criminal history, which involved felony convictions for arson, DUI III, multiple contempt-of-court convictions, and a failure to appear. The trial court concluded defendant posed a flight risk, and set bail based on his criminal record, the seriousness of the offenses, and the nature and circumstances of those offenses. On appeal, defendant challenged the imposition of bail and the amount of bail imposed. Finding no reversible error or abuse of discretion, the Vermont Supreme Court affirmed.