The Vermont Attorney General’s Office has completed its independent review of a fatal officer-involved shooting that took place on August 21, 2025, in Springfield, Vermont. Attorney General Charity Clark announced that Windsor County Sheriff Deputy Bryan Jalava and Springfield Police Officer Vincent Franchi will not face prosecution for their roles in the incident that resulted in the death of James Crary.
According to authorities, the incident began when law enforcement officers arrived at 78 Valley Street to arrest Matthew Hewitt following reports of assault, robbery, and kidnapping involving Hewitt and another suspect, Roger Colby. Officers identified a white sedan at the scene as being associated with Colby. As officers approached the vehicle driven by Crary, he did not comply with commands to stop and attempted to leave the driveway.
During this encounter, Mr. Crary reversed into debris before completing a three-point turn and heading toward Valley Street and the officers. Officers on site provided first aid after Mr. Crary exited his vehicle but were unsuccessful; he was pronounced dead at the scene by emergency services.
After reviewing evidence from an investigation conducted by Vermont State Police, both Attorney General Clark’s office and Rutland County State’s Attorney Ian Sullivan—who acted as conflict counsel—declined to prosecute Deputy Jalava or Officer Franchi.
Attorney General Charity Clark stated: “The Attorney General’s Office concludes that, pursuant to 13 V.S.A. § 2305(3), under the totality of the circumstances, Sheriff Deputy Jalava and Officer Franchi reasonably believed that they were in imminent danger of being killed or suffering great bodily harm and they were, therefore, justified in using deadly force.”
She further explained: “Under Vermont law, an officer may use deadly force to repel an imminent threat to cause death or serious bodily injury when the officer objectively and reasonably believes that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury. 20 V.S.A. §§ 2368(a)(4) and 2068(c)(1)(A). Furthermore, the use of deadly force is deemed necessary when, given the totality of the circumstances, an objectively reasonable officer in the same situation would conclude that there was no reasonable alternative to the use of deadly force that would prevent death or serious bodily injury to the officer or another person. 20 V.S.A. § 2368(c)(2).”
Clark added: “Under the totality of these circumstances, an objectively reasonable officer in both Sheriff Deputy Jalava’s and Officer Franchi’s positions would have concluded that there was no other reasonable alternative than the use of deadly force to prevent death or serious bodily injury to themselves, or another.”
Both prosecutorial offices reviewed all investigative materials before reaching their decisions not to bring charges against either law enforcement official.
