Defendants in fatal shooting ordered held without bail

December 17, 2024 | By Eric Blaisdell | Times Argus staff writer

BARRE — A judge has ordered the two defendants allegedly involved in the fatal shooting in Waterbury in October held without bail following last month’s weight-of-the-evidence hearing.

Samuel Niyonsenga, 18, and Fabrice Rumama, 20, both of Springfield, Massachusetts, have been charged in Washington County criminal court in Barre with felony counts of second-degree murder and aiding in the commission of second-degree murder. If convicted, the pair each face a maximum sentence of life in prison.

Rumama was housed at Northern State Correctional Facility in Newport, as of Monday afternoon, and Niyonsenga was housed at Marble Valley Regional Correctional Facility in Rutland.

Rumama was initially charged with second-degree murder and Niyonsenga with aiding, but the state later added an aiding charge to Rumama’s case and a second-degree murder charge to Niyonsenga’s case because the state could prove at trial that either defendant killed the victim or both defendants fired shots, given the evidence.

According to court records, Shawn Spiker, 34, of Croydon, New Hampshire, was shot and killed shortly after midnight Oct. 14 at Kneeland Flats Trailer Park in Waterbury. Police said Michael S. Perry, 57, of Waterbury, also was shot, though no one has been charged yet for shooting Perry.

Police said a resident of the home reported she had been selling fentanyl she had received from two people she knew as “Savage” and “Smitty.” Police said Savage was later identified as Rumama and Smitty was Niyonsenga.

Police said the witness reported Rumama and Niyonsenga arrived at her home the day before the shooting and threatened her with guns over a $140 drug debt.

On the night of the shooting, police said another witness reported he picked up Rumama and Niyonsenga and dropped them off at the trailer park shortly before the shooting took place. Police said this witness reported hearing gunshots and then Rumama and Niyonsenga ran back to his vehicle and forced him to drive them out of the trailer park under threat of being shot.

Rumama and Niyonsenga were later arrested at a home in Orange, according to court records. Police said a search warrant executed there turned up suspected fentanyl, loaded guns and $3,000 in cash. A bag dropped by Niyonsenga while he was fleeing the home contained $1,000 in cash, according to court records. Niyonsenga has since been charged with a felony count of fentanyl trafficking. Police said they had been investigating the home for drug sales before the shooting took place and noted a controlled drug buy occurred at the home the day before the shooting.

Niyonsenga’s cases are now in family court for youthful offender consideration, given his age. If his cases receive that status, they could stay in family court and the outcome likely will be confidential.

A hearing was held last month on the state’s motion to hold the two defendants without bail. During the hearing, Washington County State’s Attorney Michelle Donnelly was required to show that the evidence of guilt was great against the defendants and that no conditions of release could mitigate public safety concerns and risk of flight concerns, in order to be successful in her motion.

Rumama is represented by attorney Sarah Vangel, while attorney Amy Davis represents Niyonsenga.

During the hearing, investigators testified that casings for 9mm bullets and .22-caliber bullets were found at the scene. Police said similar bullets were found at the home in Orange, and noted a .22-caliber pistol was later found in Barre Town on a person connected to the drug deals out of Orange. Police said a witness reported Rumama and Niyonsenga had given the guns used in the shooting to a local resident to dispose of in Barre.

The prosecutor presented surveillance footage from a nearby home in Waterbury, which appeared to show two people walking up to the home where the shooting occurred and then quickly leaving and getting into a vehicle where its tires were heard screeching as it sped away.

The defense attorneys argued there was little, if any, direct evidence connecting their clients to the crime scene.

Davis argued the bullets used in the shooting are mass-produced and are not rare. She said there was no evidence presented by the state to show Niyonsenga shot anyone, let alone that he killed Spiker.

Vangel argued there was minimal evidence placing her client at the home in Waterbury and pointed out while a witness in the home reported hearing gunshots, the witness did not see the shooting take place.

In a 17-page decision filed Thursday, Judge Michael Harris granted the state’s motion to hold Niyonsenga and Rumama without bail. The judge laid out the circumstantial evidence presented in the case connecting the defendants to the shooting.

The judge noted the defendants asked for a ride to the trailer park the night the shooting occurred and told the driver to park near the crime scene with his car parked for a quick escape. He noted the surveillance footage from the nearby home showing two people approaching the home and the squealing tires when the vehicle leaves minutes later. The judge said the defendants reportedly wore masks as they came back to the witness’ car and the witness heard closely-timed gunshots just before the pair came back to his vehicle.

Judge Harris said one or both of the defendants made statements to the witness about being shot at. While a jury may not find that the pair were shot at, the judge said that statement places the defendants at the crime scene.

The judge noted all of the bullet casings at the crime scene were located in two small rooms, located in areas consistent with the shooters entering the home and then shooting. He said there was no evidence showing anyone else at home possessed or displayed a gun, indicating those who entered the home were the shooters. He said the casings were found in a way that shows the two shooters were close to each other when Spiker was shot and killed.

Judge Harris said a witness at the home reported Rumama was at that location the day before the shooting and threatened her with a gun. He said both Rumama and Niyonsenga were known to carry guns and were known to be involved in drug sales in the area, according to witnesses.

“The jury could conclude beyond a reasonable doubt that Defendants were the only persons present at the scene who could and thus must have been the shooters,” the judge wrote.

The judge said the evidence presented doesn’t show which shots killed Spiker. But he said it can be fairly inferred that his death was caused by the defendants, and that while both might not be directly responsible for his death, their conduct showed a wanton disregard for the likelihood that their actions could cause death or serious bodily injury. He noted there was no indication of a confrontation before the shooting to support any self-defense arguments from the defendants.

“In light of the extremely serious, violent and unprovoked nature and circumstances of the offenses charged; the substantial admissible evidence against Defendants; Defendants’ current Orange County charges for drug distribution; and the lack of presently identified Vermont contacts or ties for either Defendant (except for alleged presence in Vermont to engage in nefarious illegal drug sale and distribution as part of out-of-state purveyors of illicit drugs) the court finds that the release of Defendants would constitute danger to the public and there is risk of flight from prosecution,” the judge wrote.

The defense attorneys had challenged probable cause on the additional count filed against their clients. As part of his order, Judge Harris said he found probable cause to support the charges. Rumama and Niyonsenga will need to be arraigned on the additional count.