Two JSC partygoers and one Hyde Park resident were taken into police custody early Friday morning, Feb. 15, as a Valentine’s Day party on Noyes Farm Road in Hyde Park escalated into an altercation with police that involved the use of non-lethal weapons.
JSC students Evan Pestone and Patrick Kantlehner were arrested and charged with disorderly conduct and resisting arrest, while Hyde Park resident Gregory Cwynar, 34, was arrested and charged with disorderly conduct, assaulting a police officer and resisting arrest.
According to a Lamoille County Sheriff’s Department affidavit released Tuesday morning following Cwynar’s appearance in Lamoille District Court, both Pestone and Cwynar were tasered while resisting, and Kantlehner was sprayed with OC [pepper spray] gas in a similar struggle.
“I mean it was Valentine's Day,” said JSC student and partygoer Evan Vaillancourt. “Everyone was celebrating. I mean what could happen?”
As it turns out, plenty.
According to court records, the night began with a noise complaint call at 11:10 p.m. on Thursday, Feb. 14. Deputy Ronald Audet Jr. and trainee James Dybala of the Lamoille County Sheriffs Department met with the tenants of the apartment in their driveway, asked them to lower the noise level and left, issuing a warning that if they were to return a noise ordinance ticket would be issued. Audet said the tenants indicated they would ask the band to stop playing and that everyone would leave soon.
At around midnight Audet and Dybala say they returned to the house after a second complaint, at which point the tenants were told at the front door to break up the party. A male party guest then attempted to close the door on the officers.
JSC student Leon Campos, who was playing in the band at the party, witnessed the event. “[The guest said,] ‘this is not your property, you don’t have a warrant.’ Then he closed the door,” Campos said. “He got the door almost all the way closed when the police officer pushed the door open, pushed past him and these cops came in and just started yelling.”
According to police, Audet had placed his foot in the door to block it, at which point he noticed the smell of marijuana in the house. He advised the tenants that he could seize the house and apply for a warrant based on the smell of marijuana.
“Marijuana is now legal in Vermont,” a male party guest allegedly replied.
At this point Audet requested backup and was joined by Patrolman Ryan Bjerke of the Morristown Police Department.
“Everyone was unnerved,” said Vaillancourt. “When the cops showed up, you could tell everyone was nervous, and I think that’s why the cops acted in the way they did.”
Outside, Pestone and Kantlhener became involved with the police. According to the affidavit, both were resisting arrest for disorderly conduct. Pestone was tased by Bjerke for allegedly not complying and then handcuffed. Kantlehner was arrested for being disorderly, and once cuffed allegedly refused to enter a police cruiser, at which point Patrolman Morley sprayed him with OC gas.
In an interview with WCAX, Pestone presented a very different scenario: “One thing led to another and they spun a couple of us,” said Pestone. “They spun our hands behind our back, arrested us, pushed me down on the ground. The whole time I was saying, ‘I’m not resisting, I’m not resisting, I’ll do whatever you want.’ The whole time I was trying to cooperate telling the officer I would get other people out of the house. Before I knew it I was on the ground being tased.”
According to the affidavit, Cwynar walked towards the door and pushed through the crowd, “smelling of intoxicants.” As he walked past Dybala, he bumped his shoulder into the officer. Dybala attempted to reach for Cwynar, who began resisting. The officers then told him to stop resisting. The two struggled through the door and fell off the porch, injuring Dybala’s leg.
After further struggle, Cwynar was tased and subdued.
“I think what the cops did was atrocious,” Campos said. “It was disgusting, it was highly unprofessional. They should be fired.”
Pestone, Kantlhner and the tenants of the house declined to comment to Basement Medicine.
Sheriff Roger Marcoux of the Lamoille County Sheriff’s department also declined to comment but did clarify the laws governing search and seizure.
“If you see a crime being committed,” he said “and you’re legitimately looking into the house through an open door, if you smell marijuana or see a crime being committed, then you can go in and freeze the scene. If at that point someone says we don’t want you in here then too bad, the scene is frozen. Then you go through the warrant process. You can’t look anymore, but you can freeze the scene.”
Pestone and Kantlhener are scheduled to appear in Lamoille District Court on Tuesday, March 18 to answer charges in connection with the Feb. 15 incident.