Rutland Herald
The trial of a Killington man charged with
shooting his former roommate and his own girlfriend opened Wednesday
with the prosecution arguing that Justin Bitar’s use of a 22-caliber
pistol in March constituted a pair of assaults while the defense told
jurors that one of the shootings was accidental while the other was in
self-defense.
Bitar, 28, was charged with aggravated assault with a weapon and aggravated domestic assault in the first degree following an early morning fight on March 17 at the apartment that Bitar and the man he shot, Matt Dunn, 25, shared with four other people at 2841 Killington Road.
Bitar pleaded innocent to the charges.
During opening arguments on Wednesday, Deputy State’s Attorney Peter Bevere and public defender Robb Spensley described the same series of events in very different ways.
During the night of March 16, the two attorneys agreed that Dunn came home to the apartment where he was beaten up and thrown out of the home by one of Bitar’s friends.
They agreed that Dunn returned to the apartment during the early morning hours because he believed that Bitar was “trashing the place” based on what a friend had told him.
But in almost every other respect the two sides described events differently.
Bevere said Dunn went to Bitar’s room to confront his roommate after he returned to the apartment and was struck repeatedly in the head by Bitar who used his gun to pistol-whip Dunn.
Dunn fought back, Bevere said, and during the fight, Bitar’s girlfriend, Jessica Martome, 25, was shot in the back of the leg by Bitar whose reckless actions, he said, constituted domestic assault.
“Her injury goes untended and the fight continues,” Bevere said.
The prosecutor said the fight didn’t end until Bitar shot his roommate who was lying stunned on the ground after being beaten over the head with the gun.
“He said, ‘This is over’ and put the gun against Dunn’s leg and pulled the trigger,” Bevere said. “Bitar told the police that Dunn said, ‘You don’t have to do this,’ before he shot him.”
But Spensley told the jury that Dunn was the aggressor — and would have killed Bitar with his own gun if the weapon’s safety hadn’t been engaged.
Spensley said Dunn returned to the apartment intending to exact vengeance on his roommate because he was no match for Bitar’s friend who was no longer in the apartment at that point.
“The evidence will show that the reason we’re all here today is because Matt Dunn thought Justin Bitar was a little wimp and someone whose (expletive) he could kick,” Spensley said.
He said Dunn forced his way into Bitar’s room by breaking through a flimsy lock and then began hitting his roommate in the head using brass knuckles. While no such weapon was mentioned as being entered into evidence, Spensley said the defense planned to call an expert during the trial who could prove that wounds to Bitar’s head could only have been delivered using brass knuckles.
During the fight, Spensley said, Martome tried to break up the fight and was accidentally shot while Bitar and Dunn fought for control of the pistol.
“She was shot below the knee in what was a total accident the evidence will show,” Spensley said, adding that the defense planned to call Martome, who is still dating Bitar, as a defense witness.
Contrary to the prosecution’s argument, Spensley said the fight stopped momentarily after Martome was shot while Bitar gave her a belt to use as a tourniquet.
During that lull, Spensley said, Dunn grabbed the gun, which Bitar had set down, and pointed it at his roomate.
“He pulled the trigger but the safety was on,” Spensley said. “Bitar got the gun back and pistol whipped him.”
Spensley said his client ended the fight by shooting Dunn in the leg.
The trial, which involves felony charges that could send Bitar to jail for 30 years if convicted, includes testimony from Dunn, Martome and state police investigators. Spensley said Wednesday no decision has been made about whether Bitar will take the stand.
brent.curtis @rutlandherald.com
Bitar, 28, was charged with aggravated assault with a weapon and aggravated domestic assault in the first degree following an early morning fight on March 17 at the apartment that Bitar and the man he shot, Matt Dunn, 25, shared with four other people at 2841 Killington Road.
Bitar pleaded innocent to the charges.
During opening arguments on Wednesday, Deputy State’s Attorney Peter Bevere and public defender Robb Spensley described the same series of events in very different ways.
During the night of March 16, the two attorneys agreed that Dunn came home to the apartment where he was beaten up and thrown out of the home by one of Bitar’s friends.
They agreed that Dunn returned to the apartment during the early morning hours because he believed that Bitar was “trashing the place” based on what a friend had told him.
But in almost every other respect the two sides described events differently.
Bevere said Dunn went to Bitar’s room to confront his roommate after he returned to the apartment and was struck repeatedly in the head by Bitar who used his gun to pistol-whip Dunn.
Dunn fought back, Bevere said, and during the fight, Bitar’s girlfriend, Jessica Martome, 25, was shot in the back of the leg by Bitar whose reckless actions, he said, constituted domestic assault.
“Her injury goes untended and the fight continues,” Bevere said.
The prosecutor said the fight didn’t end until Bitar shot his roommate who was lying stunned on the ground after being beaten over the head with the gun.
“He said, ‘This is over’ and put the gun against Dunn’s leg and pulled the trigger,” Bevere said. “Bitar told the police that Dunn said, ‘You don’t have to do this,’ before he shot him.”
But Spensley told the jury that Dunn was the aggressor — and would have killed Bitar with his own gun if the weapon’s safety hadn’t been engaged.
Spensley said Dunn returned to the apartment intending to exact vengeance on his roommate because he was no match for Bitar’s friend who was no longer in the apartment at that point.
“The evidence will show that the reason we’re all here today is because Matt Dunn thought Justin Bitar was a little wimp and someone whose (expletive) he could kick,” Spensley said.
He said Dunn forced his way into Bitar’s room by breaking through a flimsy lock and then began hitting his roommate in the head using brass knuckles. While no such weapon was mentioned as being entered into evidence, Spensley said the defense planned to call an expert during the trial who could prove that wounds to Bitar’s head could only have been delivered using brass knuckles.
During the fight, Spensley said, Martome tried to break up the fight and was accidentally shot while Bitar and Dunn fought for control of the pistol.
“She was shot below the knee in what was a total accident the evidence will show,” Spensley said, adding that the defense planned to call Martome, who is still dating Bitar, as a defense witness.
Contrary to the prosecution’s argument, Spensley said the fight stopped momentarily after Martome was shot while Bitar gave her a belt to use as a tourniquet.
During that lull, Spensley said, Dunn grabbed the gun, which Bitar had set down, and pointed it at his roomate.
“He pulled the trigger but the safety was on,” Spensley said. “Bitar got the gun back and pistol whipped him.”
Spensley said his client ended the fight by shooting Dunn in the leg.
The trial, which involves felony charges that could send Bitar to jail for 30 years if convicted, includes testimony from Dunn, Martome and state police investigators. Spensley said Wednesday no decision has been made about whether Bitar will take the stand.
brent.curtis @rutlandherald.com
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