Shooting suspect found incompetent to stand trial
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By Josh O'Gorman STAFF WRITER - Published: November 25, 2009
WHITE RIVER JUNCTION — A West Windsor man with a history of mental illness is not competent to stand trial for allegedly shooting at his neighbor.
During a status conference Monday in White River Junction District Court for William E. Burch, 77, prosecution and defense attorneys agreed not to contest a doctor's report stating Burch is not competent.
Burch is accused of firing shots at his neighbor, off-duty Deputy Game Warden Stephen Majeski. According to court records, around 6 p.m. Aug. 17, Majeski returned home to find his driveway blocked with sawhorses. After a "short, heated conversation," Majeski removed the sawhorses and entered his home, records state.
Shortly thereafter, affidavits state, Majeski began to hear gunshots coming toward his home from Burch's residence. Majeski called state police, which activated its Tactical Support Unit, but Burch was not found in his home. After an all-night manhunt, Burch was captured without incident, affidavits state.
According to court records, Burch suffers from bipolar disorder and had stopped taking his medication in the weeks leading up the alleged incident. After pleading innocent to a felony charge of aggravated assault with a weapon Aug. 19, Burch was ordered held at the state hospital.
Monday afternoon, Judge Robert Bent said he will issue a written order stating Burch is not competent. The next step will be a hospitalization hearing to decide if Burch should remain at the hospital, be transferred to an assisted-living facility or go home.
"The argument is not whether Mr. Burch should presently be tried," said Windsor County Deputy State's Attorney David Cahill, who is handling the case. "The argument is, 'What is the environment that is optimal to protect the public and is appropriately compassionate given his age and illness?'"
Monday's ruling does not close the door on the possibility of prosecution in the future.
"It is conceivable he could be brought to trial in the future were he to recover so he could reasonably communicate with his attorney," Cahill said.
josh.ogorman@rutlandherald.com
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