Mosher's court hearing is at 3 p.m. Monday at Rutland Criminal court. Here is the affidavit, published this morning in the Rutland Herald of Vermont:
Shortly before a Connecticut driver hit Craig Mosher's bull in a fatal crash, a milk truck driver blew his air horn outside Mosher's Killington home to warn Mosher his bull was loose, according to court documents filed in Rutland criminal court on Friday afternoon.
In a notice of intent to offer evidence of other crimes, wrongs and acts filed by Rutland County State's Attorney Rose Kennedy, the details surrounding Craig Mosher's grand jury indictment were revealed:
At 9:58 p.m., July 31, 2015, after Mosher did not come out of his house, the milk truck driver called Vermont State Police to say he almost hit a bull on Route 4 in Killington.
At 10:13 p.m., while on route to respond to the loose bull call, the state trooper received a report that a vehicle had struck the bull and there were injuries.
At 10:21 p.m. State Police arrived on scene.
At 10:37 p.m., Mosher arrived on scene and told State Police that after the milk truck driver warned him, he went to look for the bull on his property, couldn't find him and went home and fell asleep.
At 10:40 p.m., Jon Bellis, 62, was pronounced dead at the scene by paramedic Gideion Yeager. The bull was killed in the crash.
On April 4, following a grand jury investigation, Mosher was indicted and charged with involuntary manslaughter in Bellis' death. According to court records, Mosher failed to heed a warning about the loose bull the night of the fatal crash. Additionally, there were repeated calls to State Police about the bull being loose on Route 4 on several occasions in the weeks leading up to the crash, according to police.
Mosher pleaded innocent to the manslaughter charge in Rutland criminal court at the time he was given his indictment.
Prior to Friday's filing, the details surrounding the escaped bull and Mosher's alleged actions were not available because grand jury proceedings are secret. But the State Police affidavit became part of the public court record with Kennedy's filing on Friday.
"The defendant admitted that the milk truck driver woke him up and told him that his bull had been in the roadway and was down on the lawn of the Val Roc Motel," Kennedy wrote in her notice to the court. "Defendant said that he did not look for his bull there, but rather only on his property, assuming the milk truck driver was wrong. Defendant said he did not see his bull so he went back inside his house and fell asleep."
Mosher's attorney, Paul Volk, could not be reached for comment, following phone and email attempts on Friday afternoon and evening.
According to Kennedy's filing, the milk truck driver, Jeffrey Herrick, said he had to stand on his brakes in order to avoid hitting the bull and that he left skid marks on the roadway. Herrick told State Police he saw the bull walk across the roadway and onto the lawn of the Val Roc Motel on Route 4. Because Herrick knew the 1,800-pound Scottish Highlander bull belonged to Mosher, he drove to his home, banged on his door and blew his truck's air horn to alert the defendant, Kennedy wrote.
"Eventually defendant opened an upstairs window and the milk truck driver told defendant that his bull was at the Val Roc Motel, that he had just almost hit the bull on Route 4," Kennedy wrote. "Defendant told the milk truck driver that he would come out and get his bull. The milk truck driver waited a couple of minutes and did not see the defendant come out of his house so he drove further on Route 4 until he had cell service and called State Police."
In Trooper Robert Rider's affidavit, there were three witnesses to the actual crash. Jason Sasbon, who lives at the Val Roc Motel, said he was outside walking when the crash occurred. He told Rider that the bull was in the middle of the road and when Bellis' vehicle hit the bull it went on top of the vehicle for a short time and the car veered to the left, went off the road and struck a tree. According to Rider, Sasbon said he never saw the car brake and after it struck the tree, he ran over to try to help.
Bellis' wife, Kathryn Barry Bellis, was able to get out of the vehicle, but Bellis was gasping for air, according to the affidavit. Another witness said that he estimated Bellis was traveling about 35 to 40 miles per hour, according to the affidavit.
In the early morning hours after the crash, State Police walked with Mosher along the pasture fence line and a section of the electric fence was lifted about six feet off the ground.
Rider explained in his affidavit that the wire was being held up by a small apple tree. "It appeared that the tree was pushed/bent over and went between the top and bottom wires," he wrote. "When the force that bent the tree stopped, the tree returned to its natural upright position catching the top wire and lifting it approximately six feet off the ground."
According to Rider's affidavit, State Police have been called several times regarding Mosher's animals being out of the pasture. On May 19, a cow was reported loose on Route 4; on June 20, a bull was reported in the roadway; on June 23, a bull was reported in the roadway; on July 26, the bull was reported out of the pasture; on July 30, the bull was reported out of the pasture; and on July 31, the bull was out on Route 4.
