BRATTLEBORO -- A Whitingham man faces charges including aggravated assault with a deadly weapon after police said he fired a 12-gauge shotgun at a man in a car, striking the victim's left arm.
Tyson G. Dix, 39, pleaded not guilty on Wednesday in Windham Superior Court Criminal Division and was released on conditions including an order to have no contact with Jonathan Corbosierro, 33, the alleged victim.
In an affidavit released after the arraignment, Vermont State Police said Dix acknowledged firing the gun twice and "admitted he was well aware some of the pellets were likely to strike the car when he fired."
State Police Detective Sgt. John-Paul Schmidt's affidavit shows that there are drastically different accounts of the events that led to Dix firing shots Tuesday evening outside his Whitingham home.
Police received a report of shots fired at 9:29 p.m. Schmidt later interviewed Corbosierro, also a Whitingham resident, at Brattleboro Memorial Hospital, where he was being treated.
On the underside of Corbosierro's left forearm and wrist, Schmidt wrote, "I could see two or three swollen red spots that appeared to be gunshot wounds. These marks looked consistent with shotgun-pellet wounds."
Corbosierro told police he was trying to inquire about child-care plans with a woman at Dix's residence -- a woman with whom he had a prior relationship.
"When he pulled up the driveway, he hit the horn a couple of times," according to the police account of Corbosierro's statement. "He saw Dix come out of the residence with a gun. Corbosierro started backing down, out of the driveway. He saw a flash, which he said was a muzzle flash from a gun. He continued down the driveway and onto the road. Dix shot again. This shot hit him in the arm."
"Corbosierro did not initially know he had been shot, but his arm felt tingly and numb," Schmidt wrote. "He felt his arm and it was wet; he looked and saw it was bleeding. It started to hurt. The car windows were down, and Corbosierro's arm had been outside."
"Corbosierro was adamant he did not say anything to Dix; there was no argument," Schmidt added.
Another State Police detective interviewed the woman, who told a much different story: According to the affidavit, the woman claimed Corbosierro showed up "looking for money" and called Dix a derogatory name when he emerged from the home.
Corbosierro "drove out, doing a burn as he left," police wrote, recounting the woman's statement. "Corbosierro drove his car back and forth on the road in front of the residence for a while; he was yelling at Dix. Fifteen or 20 minutes later, he came back and did donuts in the driveway. He was beeping the horn and yelling."
Dix, interviewed later by Schmidt after waiving his rights, claimed Corbosierro told him "something along the lines of, 'Ticktock, your time's coming.' Corbosierro left, doing burnouts and yelling and hollering."
Corbosierro later returned, and Dix retrieved a gun.
"He fired a blast of what he thought was birdshot in the air as a warning," Schmidt wrote. "The driver of the car continued to yell obscenities, including comments about the gun. Dix fired another blast in the air, and then the car drove away."
After inspecting Corbosierro's Mustang, which had "numerous marks that appeared to be shotgun-pellet damage," Schmidt told Dix he did not fully believe his story.
Dix then acknowledged that "he was specifically trying to scare Corbosierro when he fired," the affidavit says. "Dix was adamant the first shot was up in the air, well over the car. He now said the second was fired from the hip, but straight out in the direction of the car."
Dix gave police the shotgun, two spent shotgun shells and one partially full box of shells, court papers say.
He faces charges of aggravated assault with a weapon, aggravated assault with a deadly weapon, reckless endangerment and simple assault with a weapon.
At Dix's arraignment on Wednesday afternoon, Windham County State's Attorney Tracy Shriver did not ask for any bail to be imposed but requested several conditions of release. They include orders that Dix cannot possess firearms and cannot have contact with or come within 300 feet of Corbosierro.
Judge David Suntag granted those requests, telling Dix that he must refrain from any forms of contact with the victim including phone, electronic messages or messages through another person.
"Any of those things would constitute an attempt at contact and violate the order," Suntag wrote.
Mike Faher can be reached at firstname.lastname@example.org or 802-254-2311, ext. 275.