Mother sues Winooski, former police officer

The mother and guardian of a mentally ill man shot by a Winooski police officer in 2013 has filed a lawsuit on behalf of her son against the city and the now former officer, court documents show.

Doris Sage, the mother of Isaac Sage, 38, filed a complaint late last week in U.S. District Court through her lawyer Robert Appel. The filing states that the now former officer, Jason Nokes, and the city of Winooski through its police department violated Isaac Sage's constitutional rights, the Americans with Disabilities Act, the Vocational Rehabilitation Act, and the Vermont Fair Housing and Public Accommodations Act.

The lawsuit also accuses the city and Nokes of negligence in addition to assault and battery and intentional infliction of emotional distress on Isaac Sage, the lawsuit states.

A phone number could not be located for Nokes on Monday afternoon.

Winooski City Manager Katherine "Deac" Decarreau said the city received notification of the lawsuit late Friday.

"All I can say is we're talking to our insurance company and our attorneys and trying to make a determination as to what will be next," Decarreau said. "No determinations have been made as of yet."

Decarreau declined to comment on the allegations until the city has reviewed the lawsuit with an attorney.

The lawsuit stems from an incident in April 2013 in which the former Cpl. Nokes and another officer were involved in a confrontation with trespassing suspect Isaac Sage in downtown Winooski. According to the court document, Isaac Sage was in the midst of a "serious mental health crisis."

Isaac Sage punched Nokes, who responded by shooting the man in one of his legs after three attempts by a second officer to subdue him with a Taser failed, the complaint states. Nokes suffered a concussion and broken nose.

The confrontation unfolded over four minutes, the complaint states.

Isaac Sage, who has a history of mental health issues, was a resident of the Howard Center's Allen House, which housed people with serious mental illnesses, the complaint stated. Nokes had interacted with Isaac Sage  prior to the April 2013 when the officer had responded to the Allen House and settled disturbances among residents. These disturbances never directly involved Isaac Sage, the complaint states.

The 20-year police veteran had initially said he acted in self-defense as he thought Isaac Sage was in possession of a knife.

"Mr. Sage at all times during their interaction displayed no weapon, and in fact it was subsequently determined that Mr. Sage had no weapon in his possession," the complaint states.

The other officer, Chris MacHavern, who the complaint states was closer in proximity to Sage than Nokes, later told Vermont State Police investigators "that he never considered using his firearm during this incident because, to him, it had not reached the point where the use of deadly force was warranted." MacHavern had described Isaac Sage as "flailing around," according to the complaint.

The complaint states that Nokes "negligently and without any lawful basis" placed Isaac Sage, the other officer, and other citizens at risk of harm. The bullet fired from Nokes' patrol weapon went through Isaac Sage's leg and was never recovered, according to court documents.

"There was no legal justification for defendant Nokes to assume this risk on behalf of Officer MacHavern, Mr. Sage, or the community at large as, at the time the defendant fired his gun, Mr. Sage did not pose a risk of causing serious bodily injuries to any person," the complaint states.

Nokes had been criminally charged in connection with the case. In November 2014, Nokes pleaded no contest to two misdemeanor charges of reckless endangerment and providing false information to police. The state dropped an aggravated assault charge.

Nokes avoided jail time and was sentenced to spend 12-24 months on probation. However, the case ended his career in law enforcement.

Sage initially was charged with two counts of aggravated assault, resisting arrest and unlawful trespass. Those counts were dismissed May 31, 2013, when Sage, who suffers from paranoid schizophrenia, was found insane during the assaults and incompetent to stand trial.

Doris Sage, Isaac Sage's mother, states in the lawsuit that the city of Winooski should have discontinued Nokes' employment due to his "history of ... dishonesty and character weaknesses." Included in the history she cites was an incident in 2011 where Nokes was arrested for driving under the influence of alcohol. His blood alcohol content was 0.332 percent. Nokes pleaded guilty to the charge, but he was allowed to keep his job.

Through the lawsuit, Doris Sage requests:

• Damages "adequate to compensate Isaac Sage for his grievous emotional injuries as well as his incurring substantial physical pain and injuries,"
• Punitive damages against Nokes "for his willful and malicious unconstitutional and unlawful acts that were the direct and proximate cause of Isaac Sage's grievous emotional injuries as well as incurring substantial physical pain and injuries," 
• Attorneys fees and costs, 
• Any further relief the court deems appropriate.

Editor's note — The story has been updated to reflect the following: Isaac Sage had interacted with Cpl. Jason Nokes before the incident in April 2013 when Nokes responded to the Allen House for disturbances among residents. These disturbances never involved Sage, court papers state. The relationship between the two men prior to a shooting incident was misstated in the original story. 

This story was first published on April 25, 2016. Contact Elizabeth Murray at 651-4835 or emurray@freepressmedia.com. Follow her on Twitter at www.twitter.com/LizMurraySMC.