[S]T. JOHNSBURY – A Waterford man faces an attempted first-degree murder charge after police say he got out of his vehicle, knelt down in the middle of the road, and opened fire on his fleeing nephew’s truck.
And after missing, according to police, Ricky Powers, 57, got back in his vehicle, followed his nephew again before getting out and opening fire a second time — still not hitting his relative’s truck.
“In my rear view mirror, when I started up the hill I saw him exit his vehicle, kneel down in a kneeling position and fire a large rifle and the fireball come out of the rifle toward my vehicle,” Randy Bedard, Powers’ nephew, told reporters Monday afternoon outside of court in St. Johnsbury.
“I was like, ‘What is going on,’” Bedard recalled.
Bedard, 49, also of Waterford, said he kept driving and then saw his uncle traveling behind him a second time.
“(He) got down in a kneeling position and fired again down the straightaway,” Bedard said of Powers.
Before the second shot was fired, Bedard said he was “fumbling” with the cellphone attempting to call police. “I was trying to get reception,” he added.
Asked why Powers would shoot at him, Bedard said he had no idea. Bedard added he hadn’t spoken to his uncle, who he described as “nutty,” in “three or four” years.
Powers pleaded not guilty Monday afternoon in Caledonia County criminal court in St. Johnsbury to the attempted murder charge as well as another felony offense of aggravated assault with a deadly weapon and a misdemeanor count of reckless endangerment.
Judge Robert Bent agreed to a request from prosecutors to hold Powers without bail pending a hearing on the strength of the evidence in the case.
Caledonia County Deputy State’s Attorney Kirk Williams said given the “dangerous” conduct alleged, it warranted Powers remaining jailed while the case is pending.
“In this situation,” Williams told the judge, “we have an allegation where Mr. Powers is shooting a gun at another individual from the middle of the road during the middle of the day.”
Bridget Grace, an attorney representing Powers, had argued in court against holding her client without bail. She said Powers worked full time, and his most recent conviction — for drunken driving, third offense — occurred about 18 years ago.
Judge Bent said while the the state police trooper’s affidavit in support of the charges lacked detail and left some questions unanswered, he would agree, at least until a further hearing, to hold Powers without bail.
Trooper Luke Rodzel wrote in the affidavit that Bedard arrived at the state police barracks around 2:30 p.m. Sunday after earlier calling police reporting that Powers had fired two shots at him.
At the barracks, Bedard told police he was driving on Shadow Lake Road in Waterford when he passed Powers’ red 1996 Ford truck. Bedard added that Powers then turned around in the driveway of his other uncle, Keith Powers, on Shadow Lake Road.
That’s when Bedard said he saw that Ricky Powers was following him. Bedard said he turned off Shadow Lake Road onto Route 18 and Powers was still behind him. Moments later, Bedard said, he saw Powers get of his vehicle and open fire on him, the affidavit stated.
Bebard told police he kept driving on Route 18 toward St. Johnsbury when he saw Powers still behind him, get out of the vehicle, and open fire a second time. He didn’t see Powers again after that, the trooper wrote.
Two troopers went to the scene of both alleged shootings and reported that they couldn’t find any spent shell casings, according to the affidavit.
Police then went to Powers’ residence and he told them he that “he no idea what they were talking about” when they asked him about the shootings, the affidavit stated.
“He denied having any involvement in shooting at Bedard or chasing him,” Rodzel wrote. “Ricky advised he never drove on Shadow Lake (Road) today.”
He did say that he “did not like Bedard and does not get along with him.”
Ricky Powers also told police he had several guns, which belonged to his son, including a 10-gauge shotgun and a 30-06 rifle, the affidavit said.
Police said in searching his vehicle they found a box of .380 ammunition.
“When opened two rounds were discovered missing from the box,” the affidavit stated. “380 ammunition is commonly used in handguns, but can also be used in rifles.”
Police also questioned Keith Powers, who told them he did see his brother, Ricky Powers, pull up in front of his house around 2 p.m. Sunday and then back into his driveway, according to the affidavit. Keith Powers added that his brother then drove off Route 18.
If convicted of the charges against him, Ricky Powers faces up to life in prison.