Vermont man Found not guilty in Shooting; Initial Report Inaccurate

Trader Fred's of Thetford, Vermont

On the first of November, a jury in Vermont found Thomas Berecz not guilty on  all counts.  He had been charged with aggravated assault, a felony, and two misdemeanor counts of reckless endangerment.   The jury took about three hours to make their finding.  The trial concerned events that had happened over four years ago.   To show how initial reporting can be very wrong, consider this report from 2010:    From ourherald.com: 16 Sept, 2010

State Police investigated and said that Fred Berecz, 62, and his son Thomas, 41, fired at the Jetta and its two passengers as it passed near Trader Fred’s, a business owned by Berecz.

The Jetta, it was reported, suffered a tire blowout and shattered windows, with multiple bullet holes elsewhere in the vehicle. James Moses Jr., 21, of Thetford was struck by a shotgun pellet in his leg. His cousin, Kyle Moses, 22, of White River Junction, was not hurt.

Police said that the Berecz father and son used both a 30-30 rifle and a .38 pistol.

 Now consider the police report from the previous day.   From Vermont State Police  Headquarters, 15 Sept, 2010:

The following subjects have been identified as having been involved in this matter:

James Moses Jr., age 23 of Thetford and Kyle Moses, age 22 of White River Jct. were the occupants of the vehicle that arrived at the residence of Fred Berecz, age 62 of Thetford. Fred Berecz's son, Thomas Berecz, age 41, of Thetford was also present at his father's house at the time of the incident.

Initial investigation is showing that there has been past tension between the factions named above. James Moses Jr. and Kyle Moses drove onto the property of the Berecz residence and stopped their car near the attached garage of the residence. Both Thomas and Fred Berecz were outside the residence having seen the vehicle approach. Thomas Berecz fired a 30-30 rifle at the vehicle, Fred Berecz fired a .38 pistol at the vehicle. Both Fred and Thomas Berecz reported that they believed that shots had been fired from the vehicle. Initial investigation has not shown that neither James Moses or Kyle Moses fired a weapon or had possession of a weapon. The vehicle driven by Kyle Moses, a 2001 Volkswagen Jetta, was hit multiple times by gunshots.

The processing of the scene at the Berecz residence and the Volkswagen Jetta has been completed. The case is being forwarded to the Orange County State's Attorney's Office for review.

Sgt. Tara Thomas

Public Information Officer

Vermont State Police - Headquarters

 I do not know where the initial reporter found the information reported, but it differs from the police report in numerous significant ways.   There is a world of difference between people firing at a vehicle passing by on the street, and firing at a vehicle that comes onto their property and stops.   The Berecz always maintained that the Moses had fired at them from the Jetta, and that they were acting in self defense.  The initial police report from 14 September reflects that fact.

On 09/14/10, Troopers from the Bradford and Royalton barracks responded to a report of a shooting at 4470 Vermont Route 132 in the town of Thetford. Initial reports were that subjects in a vehicle at this location and subjects in a residence at this location had exchanged gunfire.

More than four years later, a jury found the Berecz' story credible enough to find Thomas not guilty of all charges.   From vnews.com:  4 November, 2014

The defense argued that the total number of bullets fired that night couldn’t have come just from Fred Berecz’s revolver and Thomas Berecz’s rifle. Fred Berecz accepted a plea agreement in 2012, in which he pleaded no contest to a charge of reckless endangerment and served 30 days on a work crew.

The defense said the guns together could have fired nine shots, and that given the brevity of the gunfire — less than 10 seconds — there was no time to reload. The defense said more than nine bullet impacts were found at the scene that night and that the additional shots had to have been fired from the vehicle, which was occupied by James Moses Jr., who suffered a leg wound, and his cousin, Kyle Moses, who was unharmed.

 Over the last four years, the older Berecz accepted a plea deal to take 30 days in jail on a reckless endangerment charge.   A judge refused a similar plea deal for  Thomas, which lead to the jury trial.  It is easy to understand the intense pressure to "cop a plea" even if you believe you are innocent.   30 days in jail on a misdemeanor charge vs potential years in jail and a felony conviction.

I was not there that night in September of 2010, when gun fire broke out.   The Berecz had feared the Moses boys and had asked a court to intervene, prior to the shooting.   The Vetta was searched miles from the scene of the shooting.  Later, one prosecutor refused to work with the Moses.

Kelly, the Washington County State’s Attorney, took over the prosecution in 2011 when Orange County State’s Attorney Will Porter withdrew from the case, citing an “irretrievable breakdown in relations” with the victims.

The stark differences in the initial media report compared to the police report serves as a reminder to be skeptical of early reports.  

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
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