State v. D'AMICO

The respondent was convicted of a violation of 13 V.S.A. § 1024(a)(2). The facts of this case are not seriously disputed and may be summarized as follows. On the day of the alleged offense the respondent sat at home drinking beer while his girlfriend attended a local music festival with one James Holiday. When they returned in the early evening, the respondent threatened to “take a gun” to Holiday the next time. After consuming a quantity of wine, the respondent took his shotgun and drove his truck to a neighboring residence where Holiday and others were sitting in front of the house.…