A Burlington man accused of murdering his wife with a meat cleaver in 2017 appeared in court on Friday — one day after Attorney General T.J. Donovan refiled charges in a case that the county prosecutor dismissed because of concerns about the defendant’s sanity.
In handcuffs and leg shackles, Aita Gurung spent the hourlong session staring straight ahead as prosecutors and his defense team argued about whether he should be kept in the custody of the state’s Department of Mental Health or Department of Corrections as his case progresses.
He’s been kept in a “locked, secure facility” since his arrest in October 2017, first at the Vermont Psychiatric Care Hospital in Berlin and recently at a facility in Middlesex, his public defender, Sandra Lee, said during the arraignment. She argued for keeping him there.
“It is uncontested that he suffers from a severe mental illness, judge,” Lee said. “And the humane, fair way to address this issue is to have close court oversight and allow the court the opportunity to determine if jail is really necessary before putting him through that for charges that were dismissed previously by the State of Vermont.”
But the state, represented by assistant attorneys general John Waszak and Molly Gray, successfully argued for the DOC to take over Gurung’s care. Judge Gregory Rainville ordered Gurung to be held without bail. The defendant will undergo a mental health evaluation before authorities decide where to keep him.
Because of the unique circumstances of the case, the arraignment took longer than is the norm. Gurung, who moved to Vermont as a Bhutanese refugee, required a court interpreter. Each speaker could only utter a few words before having to pause so they could be translated into Gurung’s language. His attorneys, Lee and Bryan Dodge, entered not guilty pleas to the charges of murder and attempted murder. Rainville set another hearing for Wednesday.
Donovan, who served as Chittenden County state’s attorney before winning election as the state’s AG, watched the courtroom proceedings with members of his staff. The attorneys from his office seemed prepared to argue the merits of the case because it had been in the court system for two years before his successor, Chittenden County State’s Attorney Sarah George, dropped the charges on May 31.
The defense attorneys were, too. After the hearing, an exasperated Lee told reporters that Donovan’s refiling of the charges was a political move that overlooked serious legal deficiencies in the state’s case. Multiple experts had deemed Gurung insane at the time that he allegedly hacked his wife to death with a meat cleaver outside of their Old North End home. His mother-in-law was also seriously injured in the attack.
Days after George dismissed the charges, Gov. Phil Scott asked Donovan to review the case, along with two others involving insanity defenses that George had dropped. On Thursday, Donovan’s office announced he’d refiled the charges.
Lee said Gurung had responded well to treatment but remains suicidal. She worried the increased stress of a trial, and potential interruption of his treatment, could harm his progress.
“This case, after being dismissed by the State of Vermont back in May, is now coming back with nothing different — same affidavit, same charges. That’s it,” Lee said. “Honestly, I don’t understand the decision other than politics.”
Asked if his decision was a political stunt, Donovan responded simply: “We’re talking about a murder.”
He justified his decision by saying “the public has a right to know what happened, and we need a true and accurate record as to what happened.
“A dismissal does not accomplish that,” he said.
Donovan argued that a jury should determine whether Gurung was sane or not at the time of the alleged crime. He said relatives of the victims wanted “the laws of our government to bring justice to their family.”
“Vermonters get to weigh in on this, the community gets to speak because that is how our legal system is designed, that is how the process plays out,” he said. “We believe this case should follow the process.”
Donovan said he did not intend to undermine George, a colleague and friend for whom he said he has the “utmost respect.” He admitted that he would not have refiled the charges if Scott hadn’t asked for a review of the case.
“What I did not like was that you had a debate among elected officials that eroded the public’s trust in our criminal justice system,” the AG said.
Donovan said the other two cases Scott asked him to review are still pending.
George, who did not attend Friday’s hearing, issued a written statement afterward.
“My justification for dismissal is very clear, as documented in my dismissal letter as well as many subsequent interviews,” she wrote. “My dismissal was based on all of the available evidence, our current laws, and my ethical obligations as an Officer of the Court. It does not appear that any of these factors have changed in any way since my dismissal.”
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Maybe Sarah can explain why she dismissed this case (and two other cases) based on psychological opinion that the accused was insane, but in the Bourgoin case, rejected her own psychologists opinion that the accused was insane, and went forward with the prosecution?
Because she had evidence that said he wasnt insane while in these cases they all said insane.
Yes, it’s a political move. Like a Republican might do. Or Kamala Harris. Yes, there’s a difference. It’s the letter “D”, that’s about it. Donovon’s running for governor and Scott knows he’s running for governor and Gurung gets to be the football. Let’s hate on the Bhutanese guy, nobody will care. Sarah George thinks her career is over now. Don’t worry, bear down on the next one. We’re climbers, and the crazy guy won’t care if we use him as a rung on the ladder.
‘Politically’ this is the only defendant of the three in question that stands accused of ‘Violence Against Women’ which is a Holy Grail issue for prosecutors like Donovan with further political aspirations. TJ will also make sure the VT Power Brokers with any taint on them in the EB-5 Fraud remain unscathed as well if he wants Leahy’s cushy job going forward…
I don’t like Donovan, but to dismiss the cases cuz they weren’t sane when they did these crimes. Is it because States Attorney Sarah George is afraid of doing some hard word or was it near vacation time for her. Her job is to prosecute criminals. Not give them a pat on the wrist and tell them the are free to go. Each one knew what they were doing. Guess it’s true what they say.. Come to Vermont, kill someone claim to be insane and walk away free….
Of course Donovan is playing politics, since that is his aspiration and he has repeatedly shown he’s a politician first, and a prosecutor second. TJ’s primary interest is grandstanding in front of a camera.
“Of course Donovan is playing politics, since that is his aspiration and he has repeatedly shown he’s a politician first, and a prosecutor second. TJ’s primary interest is grandstanding in front of a camera.”
Yeah, maybe. Or maybe George made a mistake, and reinstating these charges was just the damn right thing to do.
Also, was George “playing politics” when she dismissed three insanity cases but went forward with the guy who killed 5 teenagers but also pled insanity?
What I want to know is why hasn’t Paul Heintz started a crusade to ban meat cleavers? Why isn’t he tracking down the vile, evil, demonic company that imported the meat cleaver used in this horrible crime against humanity? Where are the stories about the kids in school protesting the lack of background checks on meat cleaver purchasers? The pictures of Paul Heintz purchasing an assault meat cleaver in a Five Guys parking lot?
“Guess it’s true what they say.. Come to Vermont, kill someone claim to be insane and walk away free….”
Okay Donna who the hell is saying that? (Although it does feel that way with what George did…who the hell is saying it?)
It seems like the only person dealing with facts is Ms. George. And the only one playing politics is our soon to be one term Governor.
Politically motivated, yes. Sarah George used good judgement. She trusted medical opinions from highly regarded professionals. She’s doing her job, she isn’t running for higher office.
“She trusted medical opinions from highly regarded professionals.”
Except the Yale Medical School psychologist she hired who told her that Bourgoin was indeed insane. George rejected her opinion. https://www.burlingtonfreepress.com/restri…
“She’s doing her job, she isn’t running for higher office.”
Jeezum crow, how do you know that? Her predecessor used that office as a springboard to higher office. And Leahy used it to run for the US Senate in 1974.
The most dangerous place you can possibly be is between TJ and a camera.
In an interview on WVMT, Sarah George admitted that her office is involved in FEWER THAN 20 TRIALS per year, out of approximately 40,000 cases! This is despite having SIXTEEN prosecutors at her disposal. Jaw-dropping.