TWO SUSPECTS DENY ROLE IN BURGLARY IN FAIRFAX

TWO SUSPECTS DENY ROLE IN BURGLARY IN FAIRFAX

By Leon Thompson & Lee J. Kahars – Messenger Staff Writers

ST. ALBANS CITY — Two men who allegedly burglarized a Fairfax farmer's home early Wednesday morning have been released without bail.

Jarrett P. Erwin, 25, of Shelburne, pleaded not guilty Thursday to burglary, possessing burglary tools and possessing stolen property, in connection with 'the alleged break-in at Kevin Bushey's Cherrierville Road farm.

As part of his conditions of release, Erwin must not take regulated or prescription drugs and avoid any contact with Bushey and Peter Shumway, 22, of Burlington, Erwin's alleged accomplice.

Shumway was initially on the run following "the burglary, but he turned himself into police Thursday and was arraigned at Vermont District Court in St. Albans City late Friday morning.

Shumway was released into his parent's custody on Friday. He is charged with burglary, aggravated assault with the deadly weapon, and reckless endangerment.

According to court records, Bushey drove by his house atop a tractor at 6:10 a.m. Wednesday and saw an unfamiliar vehicle in his driveway. He looked in the back seat of the car and saw a change jar he described as his "NASCAR fund" sitting there.

When Bushey went into the basement, he saw a man holding his 9mm handgun and his hunting rifle. The man - allegedly Shumway - had the rifle pointed at Bushey.

"I felt queasy at first," Bushey later told police, "but then the adrenaline kicked in."

The perpetrator hit Bushey in the arm with the butt of the rifle, but Bushey knocked it away. He then grabbed the burglar, dragged him upstairs, took a screwdriver and popped all four tires of the suspicious car.

When Bushey brought the suspect back inside to call Vermont State Police, he noticed another male running to the car.

Bushey let go of Shumway, who allegedly fled on foot, and then chased the other vehicle in his truck. Bushey eventually knocked the car off the road and into a ditch, so that the driver - allegedly Erwin - could not escape.

"I got you thieving bastards." Bushey told Erwin, according to Bushey's sworn statement.

A subsequent search of Bushey's basement produced a blue baseball cap and cell phone that police said belong to Shumway. A plastic bag filled with prescription drugs also was found in the basement. The medicine belongs to Bushey's mother and had been in the kitchen, he said.

During his initial interview with police, Erwin denied any wrongdoing and claimed he had parked at Bushey's barn to draw a "nice scene," because he likes to draw. When police tracked the cell phone to Shumway, Erwin confessed and said they had gone to Bushey's house looking for marijuana.

"He (Erwin) advised he wasn't going into the residence to steal any guns," VSP Sgt. Kirk Cooper wrote in his affidavit. "He didn't find anything that he was looking for and wanted to get out of there."

In the car with flattened tires, police also recovered a yellow flashlight and a set of heavy-duty cutters that belonged to Bushey.

Erwin was lodged at Northwest State Correctional Facility in St. Albans Town until his arraignment yesterday. His criminal record lists convictions for possessing marijuana and leaving an accident scene.

Shumway has no prior convictions. Like Erwin, he was released with a strict set of conditions, including a 24-hour, seven-day-a-week curfew. He is not to use drugs or alcohol, must follow all house rules set by his parents, and must seek counseling.

"You've dug a big hole for yourself." Keller told Shumway Friday, "And last time I checked, you're still digging."