By Darren Marcy
Rutland Herald
Staff Writer | March 18,2014
Staff Writer | March 18,2014
Darren Marcy / Staff Photo
Justin Bitar, 28, appeared in court Monday to
answer aggravated assault charges stemming from the nonfatal shooting
Sunday morning of his roommate and his girlfriend during a fight at the
Killington apartment they share.
The attorney for a man accused of shooting
two people in Killington early Sunday morning said his client was the
victim of a violent encounter and one of the two people shot was
actually his fiancée, who was helping him fight off an attack by their
roommate.
Justin Bitar, 28, pleaded innocent to one count of aggravated assault for shooting Matt Dunn and one count of first-degree aggravated domestic assault for shooting Jessica Martone during the incident that happened after 4 a.m. Sunday at 2841 Killington Road in Killington.
According to defense attorney Robb Spensley, Bitar was trying to keep Dunn out of the room shared by Bitar and Martone.
According to an affidavit, after Dunn broke open the bedroom door and while he and Bitar were fighting in the doorway, Martone joined the fray against Dunn.
Bitar had armed himself with a .22 caliber semiautomatic handgun before Dunn gained access to the room, and when Dunn grabbed for the gun and pushed it away, the firearm discharged, striking Martone near the knee, according to the affidavit.
The fight continued and at one point Dunn gained control of the gun, pointed it at Bitar and pulled the trigger but the gun didn’t fire because Bitar had engaged the safety after the shot was fired that hit Martone, the affidavit stated.
Bitar was able to regain control of the pistol as the fight continued and eventually, according to the affidavit, Bitar told detectives he’d had enough and put the gun to Dunn’s leg and fired a shot, saying, “This is over.”
Dunn and Martone were both taken to Rutland Regional Medical Center. Dunn was treated and released. Martone was released Monday.
Bitar suffered facial injuries in the fight. In the affidavit, Burgess said that because of the fight, Bitar’s facial features were disfigured to the point that a mug shot couldn’t be taken, according to the affidavit.
At Monday’s arraignment, Spensley said Bitar had been severely beaten.
“My client has clearly been battered by what his doctor described as brass knuckles and he has an injury to his nose,” Spensley said.
Bitar’s face was various shades of black, blue, purple and yellow, and his nose had a cut down the side of it..
Martone, who had just been released from the hospital, was in the courtroom on crutches to support Bitar’s version of the story.
“She acknowledges and states that her getting shot was an accident,” Spensley said. “She and my client (were) trying to repel Mr. Dunn out of their private bedroom. We have at least two people here in court saying he was trying to get into that room.”
The early-morning fight seems to have stemmed from an earlier altercation in which Dunn was allegedly hit by Bitar’s friend, and Bitar and the friend then threw Dunn out of the apartment.
During that altercation, Dunn claims Bitar hit him over the head with a wine bottle.
Dunn’s version of the later fight was also quite different. He told investigators he returned to the house later after the first incident and the next thing he knew, Bitar had stuck a gun in his face and then shot him in the leg.
During bail arguments, prosecutors pointed out that Bitar didn’t seem to have strong ties to the area and, in fact, had been in Connecticut more than Vermont.
The prosecutor also pointed out that each of the two charges Bitar faces carries a possible penalty of 15 years in prison.
Spensley said Bitar did have ties to the area, including his mother, who lives in Rutland.
He said Bitar had been in the area for about nine years, although he had returned to Connecticut after a serious car crash for a while, and he also went back to Connecticut this past summer to work.
Spensley said Bitar is the bar manager at the Slopeside Bar & Grille and the establishment’s owner, Arnold Scott, was there to support Bitar.
Bitar was eventually released without bail but a long list of conditions, including that he not return to the apartment where the fight and shooting took place.
Judge Theresa DiMauro did not impose bail, but added more restrictions than the state prosecutor had asked for.
“I’m going to add a few,” DiMauro said. “It’s either that or bail.”
Bitar had originally been jailed for lack of $25,000 bail after he was arrested Sunday.
darren.marcy @rutlandherald.com
Justin Bitar, 28, pleaded innocent to one count of aggravated assault for shooting Matt Dunn and one count of first-degree aggravated domestic assault for shooting Jessica Martone during the incident that happened after 4 a.m. Sunday at 2841 Killington Road in Killington.
According to defense attorney Robb Spensley, Bitar was trying to keep Dunn out of the room shared by Bitar and Martone.
According to an affidavit, after Dunn broke open the bedroom door and while he and Bitar were fighting in the doorway, Martone joined the fray against Dunn.
Bitar had armed himself with a .22 caliber semiautomatic handgun before Dunn gained access to the room, and when Dunn grabbed for the gun and pushed it away, the firearm discharged, striking Martone near the knee, according to the affidavit.
The fight continued and at one point Dunn gained control of the gun, pointed it at Bitar and pulled the trigger but the gun didn’t fire because Bitar had engaged the safety after the shot was fired that hit Martone, the affidavit stated.
Bitar was able to regain control of the pistol as the fight continued and eventually, according to the affidavit, Bitar told detectives he’d had enough and put the gun to Dunn’s leg and fired a shot, saying, “This is over.”
Dunn and Martone were both taken to Rutland Regional Medical Center. Dunn was treated and released. Martone was released Monday.
Bitar suffered facial injuries in the fight. In the affidavit, Burgess said that because of the fight, Bitar’s facial features were disfigured to the point that a mug shot couldn’t be taken, according to the affidavit.
At Monday’s arraignment, Spensley said Bitar had been severely beaten.
“My client has clearly been battered by what his doctor described as brass knuckles and he has an injury to his nose,” Spensley said.
Bitar’s face was various shades of black, blue, purple and yellow, and his nose had a cut down the side of it..
Martone, who had just been released from the hospital, was in the courtroom on crutches to support Bitar’s version of the story.
“She acknowledges and states that her getting shot was an accident,” Spensley said. “She and my client (were) trying to repel Mr. Dunn out of their private bedroom. We have at least two people here in court saying he was trying to get into that room.”
The early-morning fight seems to have stemmed from an earlier altercation in which Dunn was allegedly hit by Bitar’s friend, and Bitar and the friend then threw Dunn out of the apartment.
During that altercation, Dunn claims Bitar hit him over the head with a wine bottle.
Dunn’s version of the later fight was also quite different. He told investigators he returned to the house later after the first incident and the next thing he knew, Bitar had stuck a gun in his face and then shot him in the leg.
During bail arguments, prosecutors pointed out that Bitar didn’t seem to have strong ties to the area and, in fact, had been in Connecticut more than Vermont.
The prosecutor also pointed out that each of the two charges Bitar faces carries a possible penalty of 15 years in prison.
Spensley said Bitar did have ties to the area, including his mother, who lives in Rutland.
He said Bitar had been in the area for about nine years, although he had returned to Connecticut after a serious car crash for a while, and he also went back to Connecticut this past summer to work.
Spensley said Bitar is the bar manager at the Slopeside Bar & Grille and the establishment’s owner, Arnold Scott, was there to support Bitar.
Bitar was eventually released without bail but a long list of conditions, including that he not return to the apartment where the fight and shooting took place.
Judge Theresa DiMauro did not impose bail, but added more restrictions than the state prosecutor had asked for.
“I’m going to add a few,” DiMauro said. “It’s either that or bail.”
Bitar had originally been jailed for lack of $25,000 bail after he was arrested Sunday.
darren.marcy @rutlandherald.com
Why is this sensationalist jingoism still in the paper where it can do harm to this gregarious but never the less innocent man, Justin Bitar.
ReplyDeletehttps://dailyvoice.com/connecticut/trumbull/police-fire/man-charged-with-attempted-theft-of-engine-from-construction-site-in-westport-police-say/782449/
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