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MONTPELIER, Vt. (AP) — A judge is now open to considering a request to dismiss charges — including attempted aggravated murder — against a Vermont teen accused of planning to shoot up his former high school.
The judge said Wednesday he was vacating his earlier dismissal of the defense's request to throw out the charges against 18-year-old Jack Sawyer. The move comes after the Vermont Supreme Court ruled last week that Sawyer should not be held without bail, saying planning a crime does not amount to an attempted crime.
Rutland County Superior Court Judge Thomas Zonay is calling for a hearing on the dismissal request. The state has until Monday to file any opposition to the motion.
Sawyer was arrested Feb. 15, a day after the Parkland, Florida, shooting that killed 17, after a friend reported him to authorities. Prosecutors say Sawyer, who kept a diary called "The Journal of an Active Shooter," made detailed plans for a shooting at Fair Haven Union High School and said his goal was to kill more people than in any other school shooting.
His lawyer, Kelly Green, said in the dismissal motion filed Thursday that Sawyer "is charged with four crimes, an essential element of each crime being that Jack attempted the crimes.
"Moreover, the Vermont Supreme Court has reviewed the evidence in this case ... and determined that Jack's acts do not constitute an attempt," she said.
Rutland County State's attorney Rose Kennedy did not return an email seeking comment.
Sawyer has pleaded not guilty and was held without bail until the Vermont Supreme Court ruling led Zonay to set bail at $100,000 on Tuesday. Sawyer was still being held in jail on Thursday.
Among conditions for release are that he be under the supervision of his father and a 24-hour curfew at his home as well as not have any contact with students, staff or teachers at the school.
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