By Mike Donoghue, Vermont News First
BURLINGTON — A Bennington man has pleaded not guilty in federal court to knowingly possessing an unregistered bomb at his former residence in January and February 2023.
Tyler J. Hayes, 41, will remain behind bars pending further proceedings, Magistrate Judge Kevin J. Doyle said during a hearing Tuesday afternoon.
The bomb was found by the landlord at a residence at 351 Overlea Drive that Hayes and his partner had abandoned shortly before the discovery of the device on Feb. 16, 2023, records show said. They had moved out in connection with eviction proceedings and Hayes never took precautions to make sure the bomb did not fall into the wrong hands or detonate inadvertently, the U.S. Attorney’s Office said.
The Bennington Police investigation revealed Hayes initially attempted to sell the bomb in exchange for fentanyl/heroin in the fall of 2022, court records show. Three individuals later told law enforcement that Hayes had indicated in January and February 2023 that he had a bomb, Assistant U.S. Attorney Corinne Smith said.
“He told those individuals that he intended to use the bomb against the next person who angered him or disrespected him,” Smith said in her detention motion.
Investigators said the device was a fully assembled and functional pipe bomb that the defendant built himself.
When he was arrested on River Street last Friday, he was in possession of an apparent crack pipe, Smith said in court papers.
“Defendant appears to be an active drug user,” Smith wrote.
Hayes has a felony drug trafficking conviction in New York in 2009 and about 17 misdemeanor convictions, court records show. They include false information to police in 2020, disorderly conduct by fighting in 2016 and cocaine possession, resisting arrest and contempt of court in the early 2000s, court records show.
Defense lawyer James Valente of Brattleboro fought for his release, but Doyle said Hayes needed to be detained.
Doyle cited the weight of the evidence, and Hayes has a history of alcohol and substance use and a criminal history. Doyle also cited Hayes has a record of failure to appear and prior violations of probation, parole or supervised release.
A federal grand jury in Burlington indicted him on the single count last Thursday and members of the Bennington Police arrested him following a raid on River Street. He was turned over to Homeland Security Investigation. He was eventually lodged at the Northwest State Correctional Facility in St. Albans on Friday afternoon pending his arraignment on Monday.
Hayes appeared in a red prison uniform for his arraignment on Monday afternoon and denied the felony charge. The hearing was continued until Tuesday afternoon to consider the government’s motion to detain him. However, the staff at the Northwest State Correctional Facility, which was assigned to bring him to court, failed to transport him for the scheduled hearing. Vermont Corrections eventually got him to Burlington Tuesday afternoon.
If convicted, Hayes faces up to 10 years in prison and a fine up to $10,000.
Besides the Bennington Police and HSI, the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Vermont State Police Bomb Squad assisted in the investigation.