Zimmerman: Justice Accomplished

A state Superior Court judge Wednesday granted accelerated rehabilitation to two men and a woman who in June shot rounds of bullets from a porch at Bear Island, thinking the bullets would go into the water. One bullet traveled three-tenths of mile across the water, piercing the second-floor bedroom window (pictured above) of Marvin and Beverly Zimmerman. Had Beverly Zimmerman been seated at her dressing table, the bullet could have hit her in the head or the chest.

The judge ruled from the bench at the Elm Street courthouse, after hearing Marvin Zimmerman’s statement and viewing his photographs and after listening to the arguments of defense attorneys. He also listened to Karen Roberg, the prosecutor, and ruled over her objection.

Roberg told the judge that ​“shooting a rifle is a serious offense. It is too serious for accelerated rehabilitation.”

“These are adults; they are not kids. The houses were visible. They know better,” she argued.

The three deserved jail time, she said,for their shooting bullets from Bear Island, one of the famous Thimble Islands. The three were charged with a variety of misdemeanors, including reckless endangerment. Each charge carries a maximum one-year jail term.

Judge William Holden said he read the many letters on behalf of the three shooters, Durbin Hunter, 36, whose family has summered for decades on Bear Island, and Michael Chioffe, 30 and a 25-year-old woman, all from Stamford. The letters described three caring, upstanding citizens. Judge Holden then concluded that the three lacked judgment and set in motion the accelerated rehabilitation process, which requires judicial review and approval. 

The judge agreed with the defense attorneys that on that Saturday night in June, at about 5:40, the three failed to understand the unintended consequences of their acts. They are believed to have shot at least 50 bullets into the water. The judge then sentenced each to 18 months probation, 100 hours of community service, a minimum $250 in donations to be given to a charity of Marvin Zimmerman’s choice, and a gun safety course that must be completed within the 18-month period.

If these conditions are met ​‚then the charges against all three will be dropped and their criminal records will be wiped clean.

The 18-month probation will end on March 6, 2013, the judge said. The defendants qualified for the program because they had no prior arrests and were deemed unlikely to ever engage in this conduct in the future. 

Marvin Zimmerman, 82, a retired physician, and his wife were watching a movie in their second-floor bedroom when the bullet tore through a window facing the sea and ended up in a bookcase in their hallway, about 10 feet away. Had Beverly been at her dressing table, and she often is at that time of day, she could have been struck in the head or heart. It was a terrifying moment for the couple, who have lived in their home on Prospect Hill Road in Stony Creek for 52 years. The Hunter family has lived on Bear Island for decades and know the terrain well. 

Zimmerman read a statement to the judge in which he did not request a jail sentence for the defendants. One of the photos he showed the judge captured the entry of the bullet hole into the couple’s second-floor bedroom. Another showed the dressing table.(pictured.) The judge looked at them intently. 

Initially, Marvin Zimmerman rejected the idea of accelerated rehabilitation. He said he came to understand in a conversation with Jack O’Donnell, Hunter’s attorney, outside the courtroom earlier in the day that what he and his wife wanted to happen in the case would happen as part of the accelerated rehabilitation process.

The couple sought ​“a significant period of probation,” an appropriate fine, a significant period of community service, and no use of firearms unless and until the defendants take and pass a safety course. 

O’Donnell described his client to the judge as ​“a good man who made a stupid mistake that was completely out of character.” As a result of his actions that day, Hunter lost his job. His career as a professional businessman has been ​“completely derailed,” O’Donnell said. 

The defense attorney told the judge that Hunter purchased the .22 caliber rifle via the internet a month before the June incident. ​“It was in the box all that time,” O’Donnell said. ​“When he purchased the gun, he did not know its power. He had had no prior experience with the gun.“ 

O’Donnell asserted that his client was shooting into the water, just as he had in the past with a BB gun. ​“There were no swimmers or boats nearby” He told that judge that after doing some research, ​“I have now learned that a .22 caliber rifle can ricochet off the water. It requires shallow water and a low angle.” .

All three defendants hold college degrees. Hunter, who owned the gun, has been active in his church for 26 years, and had no idea that these bullets could fly across the water into a home, his attorney said. ​“If he had any inkling of that he would not have shot the gun,” O’Donnell said. ​“He is extremely sorry for what he has done,” he told the court. Attorneys for the two men said the events of June 25 had transformed their lives and their personalities.

Many rounds of bullets were fired from the porch on Bear Island and a number of bullets went clear across the water onto Prospect Hill Rd, landing in the Zimmerman house. Two bullets found their way in the wall and closet a next-door-neighbor, Gina Malin. The bullets could easily have struck two children playing on a nearby lawn. 

The judge said he had read the many letters sent on Hunter’s behalf that showed his ​“impressive work in the community and with his family. “ Then he read his sentence. 

Had Marvin Zimmerman objected to accelerated rehabilitation, the judge might not have agreed to it because the victim’s views are considered important in the decision making. Zimmerman was also speaking on behalf of his neighbor, he said. During his presentation to the judge, Zimmerman asked that a donation be made to the Stony Creek Museum. After the case was over, O’Donnell told Zimmerman that Hunter’s monetary contribution would far exceed the $250 the judge suggested.

After the court case ended, Chioffe — who appeared deeply upset, the judge observed — found Zimmerman in the hallway and went up to him. ​“I’m very sorry,” he said. Zimmerman nodded and soon after left the courthouse. He told the Eagle he felt justice had been accomplished. 

###