BRATTLEBORO -- A 37-year-old Bellows Falls man who said he fired his gun seven times to break up a fight was charged with one count of reckless endangerment during his arraignment on Tuesday.
Shadow Smith had also been cited with one count of aggravated assault with a deadly weapon, but Judge Karen Carroll declined to charge Smith with that count, finding Smith has made "no attempt to cause serious bodily injury."
According to court documents, Smith said he fired his Glock 9mm pistol seven times into the ground to stop a fight between Alicia Monty, 21, Kalenda Dixon, 37, and Dani Rae Hutchins, 23, outside a home at 14 Tuttle Street on Feb. 15.
When asked about shots being fired, Hutchins responded "What do you expect from around this house?"
When officers from the Bellows Falls Police Department arrived on scene, Westyn Wright, 32, told them he had been shot at and warned them there was another man in the driveway with a gun. Officer Mario Checchi drew his service weapon and ordered Smith to drop his gun.
"Smith lowered his body and dropped the handgun after a couple (of) commands," wrote Checchi in his affidavit.
Wright told police he dragged Smith to the ground because "he was not going to let some male snatch up on my fiance." He said Smith then pulled the gun and "popped two down at my feet." Wright told police that he felt as if his life was in danger.
However, Smith said he only intervened after he saw what appeared to be two women attacking Hutchins. Smith said Wright grabbed him by the neck and threw him to the ground and when he attempted to get up he was thrown to the ground again. When Smith was able to get up, he said he was approached by Wright, at which time Smith pulled his gun out of his pocket.
"Smith said that he pulled his gun for the safety of his friend and for himself when he felt he was being threatened on his own property ..." wrote Checchi.
Smith then said "Well I hoped that you guys would hear the shots and actually respond."
"I explained to Smith that once a firearm is discharged that you would not know where the rounds would go and that you own the round wherever it may go," wrote Checchi. "I explained to Smith that the bullet could have struck a rock or gone into a house and killed an innocent person."
Checchi wrote that Smith agreed, responding "You’re absolutely right sir, and I was scared."
Dixon and Wright told police they went to Tuttle Street to confront Hutchins about an altercation she had had with Dixon’s daughter.
Dixon, who had scrapes on the right side of her face and on both hands, told the police the injuries were a result of an altercation with Hutchins, who Dixon said had attacked her. Monty told the police she attempted to break up the fight between the two.
Hutchins told police that Dixon was waiting for her when she returned from a trip to a store and as she exited her vehicle, Dixon began yelling at her and struck her in the back of the head. The two began to wrestle and fell to the ground.
"Hutchins denied striking Dixon and had no visible marks on her hands," wrote Officer Shaun McGinnis in his affidavit.
Wright, Dixon and Monty were given Alco-Sensor tests, with results of .095, .111 and .135, respectively. Hutchins was also given an Alco-Sensor test, but her readings was .000.
Smith will be making another appearance in Windham Superior Court Criminal Division at a date yet to be determined.
It is unclear whether other charges will be filed against anyone else related to the incident.
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