Shooting Case Continued In Danbury Superior Court

By Andrew Gorosko

DANBURY — A Sandy Hook man, who is facing three criminal charges stemming from his allegedly firing a rifle on his property near Newtown High School, had his case continued in Danbury Superior Court.

On May 2, Judge Richard Marano continued until May 9 the case of Kevin Fitzgerald, 46, of 21 Berkshire Road.

Mr Fitzgerald is facing charges of second-degree reckless endangerment, unlawful discharge of a firearm, and second-degree breach of peace stemming from a March 31 incident in which he allegedly fired a Marlin .30-30 rifle on his property, which lies across Berkshire Road from Newtown High School.

Mr Fitzgerald is free on $10,000 bail in the case. Mr Fitzgerald has not entered pleas to the three charges.

In Courtroom 2 at the White Street courthouse, Mr Fitzgerald’s public defender asked Judge Marano for a continuance in the case to allow him time to study the evidence against Mr Fitzgerald produced by police.

After the March incident, police seized a Marlin .30-30 rifle, one 20-round box of Winchester .30-30 ammunition, and the slug from a fired round of ammunition that had become lodged in a tree on Mr Fitzgerald’s property, according to court records.

About noon on March 31, responding to a report of a man handling a rifle in the vicinity of the high school, waves of town police and state police went to the area, blocking off Berkshire Road and then focusing their investigation at Mr Fitzgerald’s house across the street from the high school.

Police had received a report that there was “a man in a van with a rifle” sitting in the parked vehicle with its door open, across Berkshire Road from the high school.

As a precaution, all seven public schools briefly entered “lockdown” mode during the incident. Lockdown requires that all students to go to secure areas in the schools and be locked inside until a crisis passes.

The first police officer who arrived at 21 Berkshire Road heard a shot being fired, police have said. Mr Fitzgerald allegedly shot a bullet into a tree on his property.

When confronted by police, Mr Fitzgerald surrendered without incident and was compliant.

As a result of the incident, school officials are planning a system through which local private and parochial schools, as well as preschools, would be notified by telephone in the event that there is an emergency requiring the public schools to enter lockdown mode.