Career criminal charged with knifepoint holdup

By Michael Donoghue

Vermont News First

A homeless Burlington career criminal, who police say threatened to kill a City Market employee with a knife while reportedly stealing a shopping cart with store merchandise, is now facing a federal robbery charge.

Shawn Foster, 44, was ordered held without bail following his appearance in U.S. District Court in Burlington this week for the $96 robbery, records show.

The brazen knife-point robbery and threat to kill the employee happened about 8:10 a.m. on Aug. 10 and was captured clearly on store security video, Special Agent Sam Brown of the Bureau of Alcohol, Tobacco, Firearms and Explosives said in a sworn affidavit.

Federal Magistrate Judge Kevin J. Doyle ordered Foster jailed pending trial after the government said he was both a danger to the community and a risk of failing to appear in court as required.

Assistant U.S. Attorney David Golubock had argued detention was appropriate because there was no condition, or combination of conditions, that would keep the community safe and ensure Foster would appear in court.

“Foster has an extremely lengthy criminal history, with convictions dating back to the late 1990s and continuing without any apparent interruption in criminality to the present day,” Golubock said in court papers. 

“The Defendant used a knife to create fear of death or serious bodily injury on the part of a store employee who attempted to stop the defendant from stealing,” Golubock wrote.

Foster initially ran away from Burlington Police and was subdued only after a foot chase and physical struggle, he said.  The knife was found on him, the prosecutor said.

“This video evidence is supported by statements from the store employee, who would testify that Foster brandished a knife and threatened to kill him,” Golubock said.

Brown said the investigation showed Foster entered the City Market on South Winooski Avenue in Downtown Burlington and after gathering up merchandise throughout the store in a cart attempted to leave without paying.

When confronted by a loss prevention specialist from the store outside the business, Foster brandished a knife and threatened to cut and kill the employee before fleeing, Brown said.

Burlington Police responded and was able to identify Foster from store security footage, Brown said.

Foster tried to run from police, but officers arrested him on College Street and found him in possession of a knife that was seen in the video, Brown said.

Foster was initially arrested on state charges of armed robbery and resisting arrest in Chittenden County, but the case has been taken over by federal authorities in an effort for a stiffer sentence then in state court.

Foster’s prior offenses include convictions for escape, eluding law enforcement, and violations of release conditions, Golubock wrote.

He said Foster also has been cited numerous times for failing to appear for court proceedings.

Golubock wrote that Foster’s criminal history suggests persistent substance abuse issues that have likely inspired his numerous convictions for theft and burglary, and he does not appear to have a stable residence.

“Based on the violent nature of the offense and Foster’s history and characteristics, there is a risk that Foster will continue to engage in robberies and armed, violent confrontations with members of the community if released,” he wrote.

Foster faces up to 20 years of imprisonment if convicted.

First Assistant U.S. Attorney Jonathan A. Ophardt commended the swift work of Burlington Police Department in apprehending Foster and praised the ATF for their help.

Ophardt said the case was part of  Project Safe Neighborhoods (PSN), a  Department of Justice nationwide initiative that brings federal, state, local, and tribal law enforcement, prosecutors, and other public safety partners together to coordinate efforts to combat violent crime and make communities safe.

Coordinated by U.S. Attorneys’ offices in each of the 94 federal districts, PSN is tailored to particular communities to strategically address specific violent crime and public safety challenges, Ophardt said.