ST. JOHNSBURY, Vt. (WCAX) – A St. Johnsbury police officer charged with aggravated assault wants the case against him thrown out. Sgt. George Johnson argues his actions were lawful.
It started in May after police say Johnson chased a man who he claims jaywalked.
Investigators say body camera footage shows Johnson taking down the man using pepper spray and a Taser, and then hitting him.
In a 53-page motion to dismiss, Johnson claims investigators left out information about the context for the stop, and says the area where it happened is a high-crime area.
His attorney says Johnson didn’t violate the state’s use of force policy and was even injured by the victim resisting arrest.
Prosecutors argue against those claims and are not surprised a motion to dismiss was filed.
“In criminal cases, this is SOP– standard operating procedure. It’s something that in many cases we get a motion to dismiss. But we feel confident– the state feels confident in the case– that we can overcome that burden,” Grand Isle State’s Attorney Doug DiSabito said.
A hearing on the motion to dismiss has not yet been scheduled.
Prosecutors say the evidence the defense includes is modifying evidence and cannot be considered at this point in the case.