State police charged Cody Cutting, 30, of Moriah, with second-degree murder, saying he shot and killed Derek “Boomer” Sprague, 44, of Witherbee, Sunday night in the parking lot of the Eagles’ Aerie bar, home of the Fraternal Order of the Eagles No. 4410 on Center Road in Moriah Center.

“A preliminary investigation revealed that the victim and the suspect were in an altercation, which began in the bar and continued into the parking lot, where Cutting retrieved a handgun and shot Sprague,” state police wrote in a press release Monday morning.

Derek Sprague’s sister is DA Kristy Sprague. Their mother Leilani Sprague is assessor for the town of Moriah. A staff member at Kristy Sprague’s office said the case has been referred to the Warren County DA’s office as a special prosecutor. Warren County DA Jason Carusone did not respond to a request for comment Monday.

Cody Cutting is not related to Essex County Sheriff Richard Cutting, Undersheriff Michael Badger said Monday; Cody and Richard are from different Cutting families, Badger said. The sheriff’s office has been involved with state police in investigating the case.

Derek "Boomer" Sprague (Photo provided via the Press-Republican)

But Cody Cutting does have county government ties in that he is employed by the DPW as a truck driver, county Manager Dan Palmer confirmed Monday. Cutting has worked for the county for the last two or three years, Palmer said.

County staff were somewhat touchy about the matter Monday. DPW staff referred this reporter to the county attorney’s office, which passed the reporter on to the personnel department, who passed the buck to the county manager. Palmer said he had discussed the matter with county attorney Daniel Manning III Monday morning and said Cody Cutting’s job status is “kind of in limbo.”

Civil service laws and the CSEA union contract are factors in how county administrators handle Cutting’s employment, Palmer said. For a worker of Cutting’s class, employed less than five years, Palmer said the county could potentially seek to terminate him at some point if he is unable to do the job.

“If he can’t get out of jail and show up to work, that becomes a problem,” Palmer said.

Palmer wasn’t able to provide a timeline on when that might happen.

Kristie Sprague, currently Essex County's district attorney, poses with her brother Derek on her wedding day. (Photo provided via the Press-Republican)

“We’ve never had this kind of situation occur, so we would be cautious about the process to make sure this individual has his rights protected and to not get in the middle of the criminal procedure,” Palmer said.

Cody Cutting is in the Essex County Jail without bail after being arraigned in the Moriah town court before Justice Brian Venne.

Essex County Corner Frank Whitelaw responded to the scene of the killing and authorized Sprague’s body to be transported to Albany Medical Center for an autopsy, which he said was being performed Monday afternoon by Dr. Michael Sikirica.

State police said their investigation is ongoing and asked anyone with information on it to call them at 518-873-2750.

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The following was reported Monday by Bob Bennett of the Press-Republican of Plattsburgh:

When state police and Essex County sheriff’s deputies responded to the bar, they found Cody Cutting a short distance from the site of the shooting and took him into custody without incident, according to state Police Troop B Public Information Officer Trooper Jennifer Fleishman.

Both Cutting and Derek Sprague were members of the Fraternal Order of the Eagles.

Sprague, who commonly went by the nickname Boomer, was an excavator operator for Luck Bros. Inc. construction.

“Everybody liked him,” said owner Jeff Luck. “He told great stories; he was funny to be around at lunchtime, and everybody wanted him on their job.”

Luck said multiple people who were very close to Sprague were “too broken up” to share memories Monday.

Melanie Rheaume, 41, of Mineville said she dated Sprague for about a year-and-a-half and remained good friends with him after their breakup around two years ago.

She said he was an avid athlete in high school and that he continued to play sports with his two children.

“I can’t believe he’s gone,” she said. “Everyone liked him. He was always laughing and having a good time. He wasn’t disrespectful to anyone.

“He had the biggest heart.”

Rheaume is also a member of the Eagles Club; she described Cutting as dangerous.

She said she asked club President Jack Hargett to kick Cutting out after he attacked another man at Mineville VFW Bowling Lanes, leaving that person with broken ribs.

Hargett declined to comment on the incident or Rheaume’s allegations. He did, however, describe Sprague as “a great guy.

“He was a super member,” Hargett said. “He helped everybody.”

The club has closed down indefinitely.

“Due to a horrible tragedy, the chicken BBQ scheduled for April 28 has been canceled,” a notice on the Eagles club Facebook page said Monday.

Cutting is scheduled to appear in court at 1 p.m. Friday for a felony hearing, but not in Essex County Court. Justices Venne and Richard Carpenter have recused themselves, the officials said.