The Attorney General’s Office today announced the conclusion of their independent review of the officer-involved shooting incident that occurred on June 12, 2024, in Orange, Vermont. Attorney General Charity Clark has declined to prosecute Vermont State Police Trooper Adam Roaldi for charges related to the use of deadly force in a shooting incident involving Jason Lowery. The Orange County State’s Attorney’s Office also declined to prosecute the case after completing its own independent review.
Based on the facts and circumstances and consistent with Vermont law, Attorney General Clark concluded that the use of force by Trooper Roaldi was objectively reasonable and justified. Under the totality of the circumstances, Trooper Roaldi reasonably believed that he was in imminent danger of being killed or suffering great bodily harm at the hands of Mr. Lowery, and he used necessary and appropriate force to defend himself. In reaching this decision, the Attorney General’s Office reviewed all materials provided by the Vermont State Police, who conducted the investigation.
On June 12, 2024, Trooper Roaldi responded to a residence to conduct a welfare check on a young child and the child’s father, as requested by their case manager. While on the property, Trooper Roaldi observed an unconscious male, later identified as Mr. Lowery, inside a vehicle with a sawed-off shotgun beside him. Trooper Roaldi requested the assistance of Emergency Medical Services as he believed that Mr. Lowery, who had a needle in his arm, was overdosing on drugs. Shortly thereafter, Mr. Lowery woke up and spoke with Trooper Roaldi, who ordered him out of the vehicle. After initially refusing, Mr. Lowery eventually exited his vehicle. As Trooper Roaldi attempted to secure the sawed-off shotgun located inside the vehicle, a struggle ensued.
During the struggle, Mr. Lowery gained control of the sawed-off shotgun and pointed it at Trooper Roaldi, who then used his service weapon to fire three rounds at Mr. Lowery. Mr. Lowery fell to the ground and continued to manipulate the sawed-off shotgun, prompting Trooper Roaldi to fire an additional three rounds at Mr. Lowery.
Backup officers arrived shortly after the shooting and rendered aid to Mr. Lowery until paramedics arrived. Mr. Lowery was pronounced dead on the scene and a subsequent autopsy determined that his cause of death was gunshot wounds to the neck and torso.
Pursuant to 13 V.S.A. § 2305(3), under the totality of the circumstances, Trooper Roaldi reasonably believed that he was in imminent danger of being killed or suffering great bodily harm and was, therefore, justified in using deadly force to defend himself.
Under Vermont law, an officer may use deadly force to repel an imminent threat to cause death or serious bodily injury when the officer objectively and reasonably believes that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury. 20 V.S.A. §§ 2368(a)(4) and 2068(c)(1)(A). Furthermore, the use of deadly force is deemed necessary when, given the totality of the circumstances, an objectively reasonable officer in the same situation would conclude that there was no reasonable alternative to the use of deadly force that would prevent death or serious bodily injury to the officer or another person. 20 V.S.A. § 2368(c)(2).
Under the totality of these circumstances, during and leading up to the shooting, an objectively reasonable officer in Trooper Roaldi’s position would have concluded that there was no other reasonable alternative to the use of deadly force to prevent his death or serious bodily injury.
CONTACT: Amelia Vath, Outreach and Communications Coordinator, 802-828-3171