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Negligence argued in fatal Poultney shooting

Negligence argued in fatal Poultney shooting

STAFF WRITER Jonathan A. Testa Dueling legal briefs offer differing theories on where the blame lies for a fatal shooting in Poultney.

Jonathan A. Testa, 22, of Poultney, is charged with manslaughter in the December 2016 shooting death of Daniel Hein. Testa is not charged with pulling the trigger — Vermont State Police said that was William Bailey, who pleaded no contest to a manslaughter charge in the same case last week.

Testa, according to court affidavits, brought the gun to the car where he, Bailey, Hein and Dylan Czarnecki were hanging out after drinking alcohol and taking Benadryl.

Testa allegedly told the others in the car that the gun , which he and Hein had allegedly helped steal from an apartment in Fair Haven, wasn’t loaded. Police said Hein challenged Bailey to demonstrate it wasn’t loaded by holding the gun up to Hein’s face and pulling the trigger.

Bailey did so, according to court records. Testa told police he thought he had taken all the bullets out, but apparently he had not, because a single round struck and killed Hein.

A hearing scheduled for arguments on a motion to dismiss the case Monday in Rutland criminal court was used instead to amend the […]

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