Attorney for Palmier expects client to be cleared

A lawyer representing the policeman who fatally shot Winooski resident Jesse Beshaw two weeks ago says he believes prosecutors will conclude the shooting was justified.

"On Sept. 16, Deputy Nicholas Palmier acted consistent with the law and his duties as a law enforcement officer," Burlington attorney Craig Nolan said Friday. "I expect that at the end of this process that the state's attorney and the Attorney General's Office will find that he did just that."

Beshaw, 29, of Winooski was killed as Winooski police were attempting to arrest him on charges of burglary. Palmier chased Beshaw on foot and shot him when Beshaw began advancing with a hand behind his back, police have said. Officers said Beshaw was known to carry a gun based on recent encounters.

Nolan said his client plans to continue his career as a law enforcement officer. He added that Palmier is a U.S. Marine Corps veteran who served two tours in Iraq and was honorably discharged from the service.

The lawyer also responded to a Burlington Free Press report that Palmier had been dismissed from two police departments. In Winooski, he had been dismissed just before his probationary period was up in 2010, meaning city police were under no obligation to provide a reason.

In St. Albans, Chief Gary Taylor terminated Palmier's employment in February 2012 after determining Palmier had omitted information from a report. In January 2013, Palmier and the city reached an agreement that enabled him to resign backdated to his termination, and to have the termination letter destroyed.

Nolan said Friday that the department had made a mistake in dismissing Palmier that the city later rectified by allowing Palmier to resign retroactively.

Chittenden County State's Attorney T.J. Donovan said Friday he hopes to issue a decision next week about whether the fatal shooting was justified.

Donovan said the final timing of his announcement would depend on when his office receives the report from the Vermont State Police, the lead agency investigating the officer-involved shooting.

The prosecutor added he also hopes to announce a release date for footage from the body cameras Palmier and other officers were wearing.

"It's not a question of if, it's a question of when," Donovan said Friday. "It's a public record."

Police: Sheriff's deputy fired fatal shots in Winooski

Donovan added that the release has to be timed carefully to maintain the integrity of the investigation. If the footage is released early, doing so could taint witness testimony, which would raise serious issues, he said.

He said he would like to see state guidelines to govern the release of body camera footage. Guidelines could be established "the Vermont way," Donovan said, by bringing stakeholders to the table for a discussion.

The Burlington Free Press, along with other media outlets, have made records requests for the footage. First Amendment groups such as the American Civil Liberties Union and the New England First Amendment Coalition have called on the authorities to release the footage.

This story first appeared online on Sept. 30, 2016, and has been updated. Contact Jess Aloe at 802-660-1874 or jaloe@freepressmedia.com. Follow her on Twitter at @jess_aloe.

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