ROYALTON, Vt. (AP) – The man found dead in Vermont Route 100 early Sunday died of head injuries suffered when he was hit by a cruiser driven by a Vermont State Police trooper, the head of the state police said Tuesday.
Col. James Baker said investigators were still trying to determine why Gerald J. Peterson, Jr., 22, of Dover was lying in the roadway when he was hit by trooper John Waitekus at about 2:40 a.m. Sunday. An instant later, he was hit a second time by a cruiser driven by Trooper Frank Labombard.
“We don’t know how, or why Mr. Peterson ended up in the roadway,” Baker said during a news conference at the Royalton state police barracks.
Peterson was wearing dark clothing and he was hit in a dimly lighted area.
“As I sit here, based on what I know, and based on the information that’s been developed I do not believe the troopers were driving at an excessive rate of speed,” he said.
Baker said the investigation into Peterson’s death was being conducted vigorously. Once completed the investigation will be reviewed by an outside agency and the final decision on whether any charges are brought against the troopers will be made by the Vermont attorney general’s office.
Baker said that Waitekus had completed a traffic stop up the road from the location where Peterson died. While Waitekus conducted the stop, Labombard waited and was ready to offer assistance if needed.
During that time one of the troopers spotted someone in the road now believed to be Peterson.
After the stop was completed, the two troopers were getting off work and going home. As they drove down the road, Waitekus spotted what he realized was a person lying in the roadway. He took evasive action, but was unable to avoid the person.
Waitekus radioed Labombard, about 100 yards behind, to warn him about the object, but the second trooper hit the object as well. But Baker said the autopsy found that Peterson was dead when hit in the lower extremeties by Labombard.
“This is not the first time this type of thing has happened,” Baker said. “The difference this time is it involves Vermont state troopers.”
Baker said police had identified another car that was operating in the area at the time and spoken with the driver. But he would not say if that vehicle could have hit Peterson and left him in the roadway where he was hit by Waitekus.
Peterson had consumed some alcohol that night, but Baker said it would be six to eight weeks before toxicology tests are completed that would be able to tell if he was impaired.
The incident is being investigated by the state police’s top criminal investigators. But Baker bristled when asked if Weitekus and Lombombard were screened for alcohol use after Peterson died.
“They were not screened,” he said. “The only reason we are going to ask anyone after a car accident, is you’ve got to have some basis for that screening of alcohol.”
“Quite frankly, as blunt as I can be, I’d be offended that anyone would think that two troopers on duty were drinking alcohol,” Baker said.
Baker said he couldn’t comment on the backgrounds of the troopers involved.
Earlier Tuesday Bzaker said he traveled to New York State where he met with Peterson’s father.
“I would like to say publicly to the family and friends of Gerald Peterson, Junior, on behalf of the Vermont State Police, I am sorry that this tragic accident occurred,” Baker said.
AP-ES-12-11-07 1657EST
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