Judge: Vet was scarred by war
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Tom Coffey, left, makes a statement to the judge Tuesday in Barre District Court, accompanied by his attorney, Bradley Stefler. Coffey received a suspended sentence on charges stemming from an incident at a Montpelier bar on New Year's Eve where he pointed a loaded handgun at another patron. Stefan Hard/Times Argus |
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By David Delcore Times Argus Staff - Published: December 3, 2008
BARRE – If Thomas Coffey hadn't served his country with distinction during a military career that has spanned nearly two decades, the Waterbury man would almost certainly be serving time in jail today.
But he's not, because Judge Brian Grearson concluded during a Tuesday morning sentencing hearing that if Coffey hadn't served his country, he may never have done anything to deserve jail time in the first place.
Coffey, 40, is a decorated war veteran who was diagnosed with Post-Traumatic Stress Disorder after returning from his latest tour in Iraq two years ago. His charges stem from an incident where he walked into a crowded barroom in Montpelier last New Year's Eve with a loaded semi-automatic pistol tucked in the waistband of his pants.
Before the night was over an intoxicated Coffey would draw the .45-caliber pistol and place its barrel behind the left ear of another Charlie-O's patron with whom he had exchanged threatening glances.
No shots were fired and by all accounts Coffey left the bar when asked. He was arrested moments later by Montpelier police who were on First Night celebration foot patrol at the time.
Initially charged with aggravated assault in connection with the incident, Coffey pleaded innocent to the felony. However, in a plea deal that was reached last month he agreed to plead no contest to separate charges of simple assault and reckless endangerment, both misdemeanors.
The plea agreement set the stage for Tuesday's sentencing hearing that Grearson kicked off by noting the only question at issue was whether Coffey should be required to spend any time in jail.
Given the severity of the crime, Washington County States Attorney Thomas Kelly argued that some jail time was appropriate.
"It's just too serious," he said, defending his request Coffey be ordered to serve 60 days of the eight-to-24-month suspended sentence called for in the agreement.
However, Coffey's Burlington lawyer, Bradley Stetler, urged Grearson to consider his client's previously spotless criminal record, his distinguished military career and the psychological issues that have surfaced since his return from Iraq.
Stetler noted Coffey has been actively and successfully engaged in individual and group counseling since the incident and would lose his full-time job with the Vermont Army National Guard if he was incarcerated for the crime.
Stetler said Coffey's "split-second" decision to brandish a weapon in a bar on New Year's eve should be considered in the context of a career that includes his having earned a Bronze Star for his service in Iraq.
"He (Coffey) has served with bravery and he's served with valor," Stetler said. "While the rest of us have been concerned with the economy and the Red Sox, he has been fighting, literally, the War on Terror … that can't be understated."
To buttress his case, Stetler, called a pair of witnesses during Tuesday's hearing. Lt. Col. Thomas Cahalan, who served with Coffey in Afghanistan four years ago, and Dr. Thomas Powell, a forensic psychologist who conducted an extensive evaluation of Coffey in the wake of the incident, both took the stand.
Cahalan described Coffey as "a quiet professional" who arguably "made a bad decision." However, he said his confidence in Coffey remained unshaken.
"I have the utmost trust in him," Cahalan said of Coffey. "If I was to deploy again … I would want him to be part of the team."
Powell described the New Year's Eve confrontation as a psychological "perfect storm." He said Coffey's PTSD, coupled with alcohol and the fact that he was carrying a loaded weapon at the time, led to an altercation that, while unfortunate, was understandable.
"He (Coffey) is a warrior, he's a combat soldier and he has come back from multiple countries, multiple engagements, multiple tours of duty having been shot at, blown up and otherwise in harm's way many times and it is not uncommon with people who have experienced what he has experienced to come back with symptoms of PTSD," Powell explained, noting the addition of alcohol to the mix skewed Coffey's judgment and fueled a situation that has become a constant source of embarrassment.
"He (Coffey) dresses himself down regularly over this," Powell told Grearson.
Coffey, who spoke briefly during the hearing, admitted as much. He said he was guilty of bad judgment, overreacting and "misreading body language."
Coffey got no argument from Grearson, who said if it weren't for the unique circumstances surrounding his case, the 60 days jail time Kelly had requested would be "woefully inadequate."
Grearson repeatedly referred to the stark "contrast" between Coffey's exemplary military record and the incredibly reckless behavior he displayed on one night in Montpelier.
"I don't know going forward if the real Thomas Coffey is the one who was in Charlie-O's on Jan. 1 or the fellow who was in Ramadi," he said referring to an incident for which Coffey was awarded his Bronze Star. "More than likely it's a combination of the two," he said.
Grearson said he did know Coffey should never have entered a crowded bar with a loaded weapon and that "an exchange of glances" – belligerent or otherwise — was no excuse to point a pistol at anyone.
"Let's make no mistake about it, whether it's called aggravated assault, simple assault, or reckless endangerment, you are ultimately responsible for what happened that night," he told Coffey.
However, Grearson said he was swayed by arguments that PTSD and alcohol abuse – both likely products of his war experience – were significant factors. Given evidence that Coffey has been participating in counseling for PTSD and substance abuse since shortly after the incident and the suggestion that any jail time would result in his being discharged from the Vermont Army National Guard, Grearson said he was inclined to grant Stetler's request for straight probation.
"I'm not convinced in this case that a jail sentence is necessary to impose punishment," he said.
In exchange for jail time, Grearson ordered Coffey to perform 500 hours of community service and write letters apologizing to the victims he threatened on New Year's Eve.
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