RUTLAND — A Rutland City police sergeant pleaded not guilty Friday to criminal charges of aggravated assault with a deadly weapon and reckless endangerment in a 2023 shooting that wounded two Massachusetts men in Rutland.
Andrew Plemmons, 45, entered his not guilty pleas to the charges through his attorney, Matthew Hart, during a brief hearing in Rutland County Superior criminal court.
The arraignment took place in front of a packed courtroom that included many uniformed officers from departments around Rutland County, including the Rutland City Police Department.
Plemmons was released without bail requirements as the case against him remains pending.
The Vermont Attorney General’s Office announced Thursday night that Plemmons would face charges following a Vermont State Police investigation into the shooting that took place on the evening of July 3, 2023, near the Giorgetti Athletic Complex.
Twin brothers Randy Perez-Coiscou and Andy Perez-Coiscou, both of Springfield, Massachusetts and 21 years old at the time, were wounded in the shooting.
Plemmons arrived at the scene after another Rutland officer, James Radja, was already investigating a “suspicious” vehicle parked near the complex, according to charging documents made public Friday. As a police dog alerted that the vehicle possibly contained illegal drugs, Radja told the two brothers he was going to seize the vehicle while requesting a search warrant unless they would consent to a search, the filing stated.
Randy Perez-Coiscou, behind the wheel of the vehicle, started to drive away, and Plemmons opened fire, striking the two brothers, the charging documents stated. They were both taken to the hospital and treated for their injuries.
Plemmons was charged related to his use of force against Andy Perez-Coiscou. The Attorney General’ Office deemed it “not justified,” according to the charging documents and a press release issued Friday by Attorney General Charity Clark.
The misdemeanor charge of reckless endangerment accused Plemmons of placing Andy Perez-Coiscou “in danger of death or serious bodily injury.” The felony aggravated assault charge alleged the police sergeant “knowingly caused bodily injury to Andy Perez Coiscou by the use of a deadly weapon.”
Windsor County State’s Attorney Ward Goodenough, acting as conflict counsel for the Rutland County State’s Attorney, concurred with the filing of criminal charges for Plemmons’ actions during the incident, according to the attorney general’s release.
As part of the state police investigation into the shooting, detectives reviewed Plemmons’ body camera. The video showed that as Radja approached the driver of the vehicle to explain that the vehicle would be seized, Plemmons was standing near the front bumper at an angle, according to the court filing.
The vehicle, driven by Randy Perez-Coiscou, was then heard starting up and Radja is seen trying to get into it, the charging document stated.
“At this time,” the filing added, “Sgt. Plemmons steps directly in front of the driver’s side of the vehicle with his hand on the hood, yelling ‘stop.’”
Plemmons had his pistol out and pointed at the driver, saying, “I’m gonna shoot you, stop it,’” according to the charging document.
Rajda was seen in the video partially inside the vehicle, and as the car rolled forward, the filing stated, Plemmons moved out of its path at an angle alongside the driver’s side and fired at least three shots into the driver’s side area of the vehicle.
The driver, Randy Perez-Coiscou, then fell out of the driver’s seat onto the ground, according to the charging document.
As the vehicle continued to roll forward, the filing added, the body camer video shows Plemmons walking beside it.
“As (Plemmons) is walking alongside the rolling car, the passenger, Andy, climbs from the passenger’s seat over the center console to get into the driver’s seat,” the filing stated.
“Once in the driver’s seat, Andy turns the steering wheel to the left and then stops the vehicle,” according to the charging document. “Sgt. Plemmons is standing a few feet from the car facing the open driver’s side door, ordering him to ‘Stop the car!’”
Andy Perez-Coiscou then turns the steering wheel and the driver’s side door closes as the vehicle accelerates, the filing stated.
At that point, according to the charging document, the video shows Plemmons firing at least two shots at Andy Perez-Coiscou through the open driver’s side window as he sped out of the park.
“There are no objects or people observed in Sgt. Plemmons’ immediate vicinity, or in the path of the vehicle,” according to the charging document.
The vehicle then crashed a short distance away, and Andy Perez-Coiscou, who had a gunshot wound to his face, was taken into custody, the filing stated.
Plemmons, when interviewed by investigators, said he opened fire on the driver when the vehicle went into drive and started coming toward him, the charging document stated.
He added that he then followed the rolling car through the parking lot to try to stop it, and he saw that the passenger, Andy Perez-Coiscou, had hopped into the driver’s seat.
Asked later in the interview about the second volley of shots, Plemmons said that he had a hard time recalling the specific details, adding, “that part was a blur.”
Law enforcement use-of-force expert Eric P. Daigle of the Daigle Law Group conducted a review of Plemmons’ actions, the charging document stated.
Daigle found that, in the “second event,” while Plemmons stated he feared that Andy Perez-Coiscou, who had got into the driver’s seat of the moving vehicle, would strike him, Plemmons was positioned off to the side of the vehicle near the driver’s door, according to the charging document.
“Ofc. Radja’s body-worn camera video footage shows Sgt. Plemmons located a few feet away from the vehicle at or near the driver’s door and shows that he had to side-step along with the vehicle to keep up with it as it moved in a forward direction, maintaining a distance far enough so that he was not going to be struck by the vehicle,” Daigle determined, according to the charging document stated.
“Furthermore,” Daigle reported, “once Andy moved into the driver’s seat, his hands were first visible, indicating he held no weapon and then were on the steering wheel. Both actions support that there was no immediate threat to Plemmons or Rajda.”
The charging document added that based on the investigation, which included interviews and video review, “Sgt. Plemmons was not in imminent danger of serious bodily injury or
death when he deployed deadly force on Andy Perez-Coiscou.”
Both Perez-Coiscou brothers also face criminal charges related to the incident.
Randy Perez-Coiscou, arraigned days after the incident, pleaded not guilty pleas to two counts of aggravated assault with a deadly weapon on a law enforcement officer. Andy Perez-Coiscou has pleaded not guilty to possessing fentanyl. Both cases remain pending.
Rutland County State’s Attorney Ian Sullivan said Friday he would review the recent use-of-force investigation regarding Plemmons as he weighs whether to continue prosecuting the cases against the Perez-Coiscou brothers.
Rutland City Police Chief Brian Kilcullen said after the hearing Friday that Plemmons was placed on paid leave Thursday with the announcement that the Attorney General’s Office would be bringing charges against him.
Kilcullen said that since his agency did not conduct the use-of-force investigation into the shooting and that he did not have access to all the materials related to the case, he would decline to comment on it.
However, Kilcullen said, “Across the country when we’ve seen police officers charged typically there’s been some kind of moral shortcoming or moral failure. That’s the difference here.”
Kilcullen said of Plemmons’ actions, “It was a split-second decision.”
Assistant Attorney General Sophie Stratton, the prosecutor, asked the judge that as a condition of Plemmons’ release, he be prohibited from contacting the Perez-Coiscou brothers.
That raised a concern from Hart, Plemmons’ attorney, who said his client might come into contact with the brothers during the prosecution of the criminal cases against them, since Plemmons would be a key witness.
Judge Cortland Corsones ordered Plemmons not to have contact with the brothers outside of the prosecution of the case against them.
If convicted of the charges against him, Plemmons faces up to 16 years in prison.
Read the story on VTDigger here: Rutland City police sergeant who shot 2 men in 2023 denies criminal charges.