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Burlington Man Who Pointed Apparent Firearm at Police Officer Sentenced for Unlawfully Possessing a Firearm

Criminal Prosecution

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The Office of the United States Attorney for the District of Vermont stated that Jeremiah Smith, 44, of Burlington, was sentenced yesterday to 46 months of imprisonment in the United States District Court by United States District Judge William K. Sessions III. Smith previously pleaded guilty to unlawfully possessing a firearm as a felon. Judge Sessions also ordered that Smith serve three years of supervised release after his term of imprisonment.

According to court records, on November 3, 2021, Burlington Police received a report of a pickup truck being stolen from Pine Street in Burlington. The owner of the truck also relayed that a 9mm firearm had been in the truck at the time it was stolen. Burlington Police located the truck on Pearl Street in Essex, Vermont. Essex Police Officers responded to the location of the vehicle and observed Smith as the sole occupant. Smith refused to roll down his window or exit the vehicle after repeated requests. After the officers broke the window of the truck, Smith pointed what appeared to be a firearm at an Essex Police Officer. The officer drew his service firearm, backed away from the pickup, and ordered Smith out of the vehicle. Smith continued to refuse commands, and attempted to drive the pickup, which had been remotely disabled. Smith then exited the pickup truck and began walking away from the officer. Essex Police Officers then approached Smith and detained him. While taking him into custody, officers located a Ruger 9mm pistol in Smith’s jacket pocket. A search of the truck resulted in the seizure of a realistic-looking pistol-style pellet gun from the driver’s side floorboard. Smith is prohibited from possessing firearms under federal law due to a prior felony conviction. 

U.S. Attorney Nikolas P. Kerest thanked the Bureau of Alcohol, Tobacco, Firearms, and Explosives for their investigatory assistance and commended the coordinated response of the Burlington Police Department and the Essex Police Department in this matter. U.S. Attorney Kerest said, “Thanks to the training and experience of the responding officers this combustible situation was resolved without anyone being hurt. This office will continue to pursue individuals like Mr. Smith who jeopardize the safety of our Vermont communities and our law enforcement partners.”

“It is fortunate that no police officers were injured or killed during the arrest of Jeremiah Smith, who pointed a stolen firearm at the officers. ATF will prosecute the illegal possession of firearms each and every time,” said ATF Special Agent in Charge James Ferguson.

Also, the Essex Police Department would like to commend the U.S. Attorney’s Office for the District of Vermont and the ATF for their diligence and work in securing a positive outcome in this case. This incident put Essex Police Officers in serious danger, and this situation could have resulted in a use of lethal force if not for the appropriate, split-second decision making of the officers involved. Instead, they displayed extraordinary bravery and used effective tactics to take Jeremiah Smith into custody safely. Essex Police Chief Ron Hoague stated, “I am pleased to see this individual held accountable for his actions that put our officers and the public in danger. The criminal justice system should always do whatever is necessary to keep illegal firearms out of the hands of criminals.”  

Assistant United States Attorney Andrew C. Gilman was the prosecutor. Smith was represented by Assistant Federal Public Defender Steven Barth, Esq.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.  For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn .

Original source can be found here.

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