Andrew Dashno, 19, is charged with attempted second-degree murder. Police say over the weekend he got into a fight with David Hurne, 41, and shot him twice.
"We know the gentlemen are familiar with each other; that there may have been some preceding issue between the two," Burlington Deputy Police Chief Andi Higbee said.
According to court paperwork, Dashno was angry with Hurne for getting his younger brother in trouble. Police say Dashno confronted him at the intersection of Peru and Johnson streets early Saturday, threatening Hurne with a baseball bat. Hurne allegedly pulled a gun on him. During the scuffle, police say Hurne lost control of the gun, Dashno picked it up and fired twice, hitting Hurne's feet as he was allegedly walking away.
"In taking that gun and discharging it in the direction of another, which is alleged in this case that Dr. Dashno did, is a crime," Higbee said.
"My son is sitting in jail for a crime that wasn't his fault. He was defending himself. He could have been killed that night," said Chantal Dashno, Andrew Dashno's mother.
Dashno's family has a different version of events. They say Hurne hit Dashno with the baseball bat during the altercation. And say Dashno shot the 41-year-old in self-defense.
"He was in fear of his life," Chantal Dashno said. "The whole thing is unbelievable. It's just a dream that's a nightmare that's not ending."
In court, Andrew Dashno denied the charges. The judge ordered him held without bail.
Police say the investigation is far from over. And there are still some unanswered questions.
"The so-called victim in this case, if he's responsible for any criminal activity, he certainly, too, would face criminal charges. At this point, that is not the case. But the case is still under investigation by detectives," Higbee said.
Dashno's family wants the attempted second-degree murder charge dropped and says both men should be charged with assault.
"We're all just shocked. We're shocked that Andrew is in jail for this," Chantal Dashno said.
This is not Dashno's first brush with the law. According to police, he has already been convicted this year on two simple assault charges, as well as disorderly conduct and unlawful mischief. We should point out that police discovered Hurne's loaded gun stashed in a child's play kitchen in the communal hallway where Dashno was staying. The gun was loaded with shot shells. These casings filled with small pellets are used to hunt small animals. Police tell WCAX News Hurne's injuries were so minor they did not require medical attention.