ST. ALBANS CITY — Zakk Trombly, accused of critically wounding Dustin Davenport in a Lake Street shooting two years ago, accepted a plea deal Tuesday on the eve of his trial.
The plea agreement does not amend the charge against the 24-year-old Trombly, attempted second-degree murder, nor does it change his possible sentence for that charge, 20 years to life.
The key difference may be that the plea agreement suspends all of Trombly’s sentence but 13 years.
Trombly did not plead guilty as part of this agreement. He pleaded “nolo contendere,” no contest, meaning, from a legal standpoint, Trombly simply does not contest the charge. It is not a legal admission of guilt.
Trombly is due for sentencing in the case on Feb. 20, three days before the exact two-year anniversary of the shooting.
Trombly would have been tried Wednesday and today.
His attorney, Bob Katims, and the case’s prosecutor, Franklin County State’s Attorney Jim Hughes, had just completed two days selecting jurors for the trial when they filed the agreement.
The Feb. 23, 2017 shooting left 22-year-old Dustin Davenport, of Richford, in critical condition.
The shooting occurred around 2:30 p.m. in the Holy Angels Church parking lot.
According to St. Albans Police Dept. Cpl. Trevor Sargent’s court affidavit, Trombly was in a car with family members, meeting Davenport at the city park-and-ride to purchase $200 in crack cocaine.
Those family members told police — per Sargent’s affidavit — that they realized immediately after the deal that Davenport appeared to have provided them with crushed up pills.
The buyers then allegedly tracked Davenport to Lake Street in an effort to get their money back. They told police they did not know Trombly was carrying a handgun that day.
When they caught up with Davenport in the church parking lot, Trombly allegedly got out of the car, according to witness statements contained within the affidavit, and approached Davenport’s own vehicle, demanding Davenport step out. Davenport tried to drive away, and Trombly allegedly drew his handgun and fired several shots into Davenport’s car.
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