Police: Blocked driveway prompted fatal shooting

ST. ALBANS, Vt. — A Georgia man has denied charges in connection with a shooting police say was fueled by a dispute over a truck blocking the man’s driveway.

Ethan Gratton, 26, appeared Tuesday afternoon in Vermont Superior Court in St. Albans. He pleaded not guilty to charges of second-degree murder and attempted second-degree murder. His lawyer says he was defending himself.

Gratton is accused of killing David Hill, 57, and critically injuring Mark Brito, 27, both of Fairfax. Judge Gregory Rainville ordered Gratton held without bail.

Dylann Roof ruled competent for sentencing phase

Hill and Brito were logging on Georgia Mountain Road, and their vehicle was blocking the driveway of the home Gratton shared with his parents while the loggers loaded a skid machine onto a truck trailer, Franklin County State’s Attorney Jim Hughes said. Gratton told the men to get out of the driveway, and a fight ensued, the prosecutor told reporters outside the courthouse.

The evidence indicates that after the fight, Gratton retrieved a handgun from his home, walked back outside and shot the two men. Gratton admitted to several people that he shot Brito and Hill, and he could be heard in the background of a 911 call his mother made to the police.

“Right now, we’re at a little bit of a disadvantage because the only person who can tell us what happened in the fight is Mr. Gratton, the defendant,” Hughes said outside the courthouse Tuesday. He said he is unsure if the suspect knew the two victims.

Lawyer Steve Dunham, who represented Gratton during the hearing, said the man acted in self-defense.

"The evidence of self-defense is great," Dunham said. "Mr. Gratton was on his own property, and as you can see, one of the two individuals punched him in the eye, broke his nose and knocked out his front tooth."

Hughes disputed the self-defense argument, saying, "The time for self-defense was done."

Dunham said Gratton has strong family ties to the area, has no criminal record, graduated from BFA-St. Albans and Castleton University, and had a job at The Cupboard Deli and Bakery in Jeffersonville.

Attempts to reach the owners of the Cupboard were unsuccessful Tuesday. An employee who answered the phone declined to speak about Gratton.

911 call 

Gratton's mother, Pamela Gratton called emergency services shortly before 2 p.m. Monday and said there were two bodies in the road, according to an affidavit written by Vermont State Police Detective Sgt. Jacob Zorn.

While Pamela Gratton was on the phone, she could be heard saying to someone in the background, "Did Ethan get into a fight with them?" Zorn wrote that a male voice responded, "Yes."

"Pamela responds by saying, 'Did you shoot them?'" the affidavit states. "The male responds by saying, 'I (expletive) shot them.'"

Pamela Gratton then asked why.

"Cause I told him not to back up in the driveway. I got punched in the face. Said it was none of my business," Zorn wrote, quoting the 911 call. "The other (expletive) came around and I (expletive) shot him too."

Pamela Gratton later identified the male heard in the background as her son, Ethan Gratton. Police recovered a .40 caliber Smith & Wesson Shield semi-automatic pistol from the scene.

Fighting for life 

Both men were lying on the ground when police arrived. Hill was shot at least five times, including once in the back of the head, and was pronounced dead at the scene.

Brito was shot in the right eye, and the bullet remained in his head, said Hughes, the Franklin County state's attorney. Brito was listed in critical condition Tuesday night at the University of Vermont Medical Center in Burlington.

"I'm hoping he recovers," Hughes said. "If he does, we'll then have another version of what went on."

After the hearing, Hill's cousin and Brito's friend Bryce McNall told reporters that "neither one of them deserved any of this, at all."

"I just lost a cousin and very, very good friend for no reason, for stupidness," McNall said.

Brito's family members declined comment on their way out of the courthouse.

Hughes said the state is not aware of any history of mental health issues for Gratton, who was taken into custody at the scene. An upcoming bail hearing, which had yet to be scheduled Tuesday, will address issues regarding whether Gratton should remain in custody.

If found guilty, Gratton faces a possible sentence of 20 years to life in prison on each charge. He is jailed at the Northwest State Correctional Facility in St. Albans Town.

Follow Elizabeth Murray on Twitter: @LizMurraySMC