Garvey family sues Vermont State Police after fatal Putney shooting

Among the allegations are that officers used excessive force, failed to provide medical help, and did not accommodate Garvey’s mental illnesses.

The family of Scott Garvey has gone to court with a civil rights case over the July 7, 2025, shooting that killed him, pressing ahead even after state officials concluded the trooper involved was legally justified.

The lawsuit, filed June 29 in Windham Superior Court, names the State of Vermont, Vermont State Police Trooper Peter Romeo and other personnel involved in the response. The family is seeking compensatory and punitive damages and wants a jury to weigh claims that Garvey’s rights were violated.

Among the allegations are that officers used excessive force, failed to provide medical help, and did not accommodate Garvey’s mental illnesses as required under the Americans with Disabilities Act. The complaint also argues that his death amounted to a wrongful killing under the Fourth Amendment and state law.

The family says the encounter could have been handled differently, accusing police of escalating a mental health emergency instead of slowing it down. In its filing, the family contends that officers entered Scott Garvey’s apartment without a true immediate danger to others, did not sufficiently involve mental health professionals or family members, and relied on deadly force when other options were available.

The legal action follows the Vermont Attorney General’s office decision on June 23 not to file criminal charges against Romeo. After nearly a year of review, the office said the trooper’s use of lethal force was justified and found that he reasonably believed he and other officers faced imminent death or serious injury when Garvey would not drop what Romeo thought was a rifle barrel.

Investigators later determined the item Garvey pointed at officers was actually a hollow metal pole.

The state’s report said police spent more than four hours trying to resolve the situation by speaking with Garvey through the apartment door and by phone after a neighbor reported a man striking windows and saying voices were telling him to kill everyone. Officials said the response included lengthy phone negotiations, efforts by an embedded mental health clinician to establish trust, and periods in which officers backed away to allow Garvey time to calm down before warrants were obtained and entry was made.

The family’s legal brief points to body-camera footage and the state’s own account as evidence that the tactics used that day warrant scrutiny. It also argues that Romeo was not inside the apartment with a clear line of sight, but instead was positioned behind a doorway, behind another officer and behind a ballistic shield on the back patio. The brief further notes that when Romeo was asked what he saw, he said he did not know.

Shawn Garvey, 61, Scott Garvey’s older brother, said the family had expected the state’s conclusion after the long investigation. He said they had hoped for reform rather than a closed file, and argued that the state has offered no accountability or meaningful explanation.

The family says the lawsuit is also intended to push broader changes, including stricter de-escalation rules, limits on forced entry during psychiatric crises, greater use of family and natural supports when safe, more mental-health-led crisis response, stronger training, independent advocacy for victims, state help with cleanup and family support after police-involved deaths, and outside review of fatal shootings.

Vermont State Police public information officer Adam Silverman said Tuesday he could not comment because the case is pending.