Newport
Ian Kibbe, 30, waived his formal arraignment and entered his pleas on paper in Sullivan Superior Court on Monday. He didn’t go in front of a judge, but he appeared in person alongside his attorney, Eric Wilson, of Nashua, N.H.
Afterwards, Kibbe moved briskly toward the exit when asked by a reporter if there was anything he wished to say. Wilson declined to comment.
Kibbe stands charged with felony counts of conspiracy to commit perjury and attempted perjury, as well as two counts each of unsworn falsification and obstructing government administration, both misdemeanors.
Kibbe was arrested and charged on April 26 after authorities said he lied about how he discovered weapons during an arrest in Claremont in February.
The case came to light after State Trooper Eric Fosterling raised concerns about the legality of the search and former Claremont police officer Mark Burch, who was with Kibbe on the night of the alleged incident. Fosterling told investigators that reports were falsified, according to a lengthy affidavit in the case.
A few days later, the Claremont Police Department said it had thrown out at least 20 arrest cases that involved Kibbe and Burch amid the allegations. Burch hasn’t been charged, but remains under investigation, authorities have said.
Assistant Attorney General Geoffrey Ward attended the hearing on behalf of the Attorney General’s Office, which is prosecuting the case.
Sullivan County Attorney Marc Hathaway said outside the courthouse on Monday that he still is reviewing cases that Kibbe and Burch were involved with throughout their tenure at the Claremont Police Department. Hathaway wouldn’t say just how many cases he has dismissed.
Reached on Monday, Claremont Police Chief Mark Chase said his department has completed its review of pending cases and dismissed a total of 25.
“We still have the task of reviewing cases that the officers were involved with that have already been disposed of through either plea or trial,” Chase said. “I still do not know how many cases that will be. This obviously takes time to review each case and decide on how to proceed.”
Kibbe, of Springfield, Vt., is free on $5,000 cash bail. He has been ordered to have no contact with Burch or Fosterling.
Kibbe is the officer who shot and killed 25-year-old Claremont resident Cody LaFont in 2016, a shooting the Attorney General’s Office ruled was justified. That case is now being reviewed, the Attorney General’s Office has said.
Several of LaFont’s family members attended the arraignment on Monday. Many wore shirts in his memory. LaFont’s stepfather, Aaron Fitzherbert, of Ascutney, said he was thankful Fosterling came forward and disclosed information that led to the charges. Had he not, the potential misconduct may never have come to light, he said.
“Kibbe has affected a lot of lives … and now it has taken one other person to maybe hopefully turn things around,” Fitzherbert said.
Fitzherbert and Cody LaFont’s father, Kenneth LaFont, both commended the way Chase handled the situation. After Fosterling came forward, Chase provided information to the Attorney General’s Office.
Kenneth LaFont, of Claremont, said he wishes an outside investigator would come in and do a third-party review of his son’s case. He and other family members have said they feel there are flaws in the report that cleared him.
Kenneth LaFont said doors were damaged, a safe was broken into and the house appeared ransacked after his son was fatally wounded.
“And that was never brought up,” LaFont said.
The men said Kibbe’s character as well as their son’s should be re-examined during the review.
“We understand that the AG’s office never knew Cody’s character base. We knew Cody. … The story that was being told, it just doesn’t fit,” Fitzherbert said.
Cody LaFont, who suffered from depression, had been known to call Claremont police, something he did on the night he died.
He called dispatch and wanted to speak to a Claremont officer face-to-face at his home.
Kibbe was the officer who answered the call.
Kibbe shot LaFont within one minute of arriving; he told authorities LaFont advanced toward him with a gun, something family members have questioned.
“(Cody) always got the help that he needed or wanted, except for this night,” his stepmother, Melissa LaFont, said.
The date of Kibbe’s next court hearing wasn’t immediately available.
Jordan Cuddemi can be reached at jcuddemi@vnews.com or 603-562-5984.