By Michael Donoghue
Vermont News First

BURLINGTON — A Barre resident from India will continue to be held behind bars as his criminal case for reportedly lying during an attempt to buy a semiautomatic pistol at a Washington County firearms shop plays out in federal court.

Hartamal Singh, 34, of West Street was scheduled for a detention hearing in U.S. District Court in Burlington on Wednesday, but defense lawyer Mark Kaplan said his client was not ready to proceed.

Singh had refused after his arrest last week to speak to the Pre-Trial Services Office, but was now willing to provide details about his background, Kaplan said.  Kaplan said once that is completed in the coming days, Singh will petition the court to re-open the detention hearing.

Singh had nearly a dozen family members and supporters at the afternoon court hearing.

The Bureau of Alcohol, Tobacco, Firearms and Explosives named Singh in a federal criminal complaint for making false statements about his immigration status during the attempted purchase of the Ruger pistol at R & L Archery on Smith Street in Barre on Oct, 12, 2023.

The criminal case went nowhere during the administration of former President Joe Biden, but since President Donald Trump was sworn in on Jan. 20, his Department of Justice is beginning to dust off some of the past untouched serious cases.

Federal Magistrate Judge Kevin Doyle told Kaplan and Special Assistant U.S. Attorney Charles W. Kirkham to be prepared to discuss Singh’s immigration status if the detention hearing re-opens.

Doyle noted Immigration and Customs Enforcement (ICE) has filed a detainer against Singh that could lead to his deportation if granted release at the detention hearing.

The U.S. Border Patrol said it apprehended Singh in Essex Junction about 6:20 a.m. last Thursday for being unlawfully present in the country.  Singh, who is from Ludhana, India, had been ordered by an Immigration Judge to leave the United States after losing his fight to stay, but he failed to comply, records show.  

The gun purchase was ultimately rejected during a background check that showed Singh was illegally in the United States and subject to removal proceedings, the ATF said in court papers.

Singh answered at least three immigration questions “no” on the federal gun purchase form, including when asked if he was “an alien illegally or unlawfully in the United States?” court records show.  Singh later admitted that he knew he had answered the questions falsely, the ATF said.

Kirkham said in court papers that he considers Singh a danger for the community and there are no known release conditions that will ensure his appearance at future court hearings.

Singh is facing a possible 10 year prison sentence, but Kirkham estimated it was more likely under the federal sentencing guidelines, which are advisory, to be closer to 10 to 16 months in prison, if convicted at a trial.

There are conflicting court records on whether Singh has one or two convictions for felony robbery in New York.  He also was involved in a burglary and at least two domestic assault complaints, including one with a weapon in Barre, but they were all eventually dropped at the request of his estranged wife in October 2022, records show.

Vermont State Police also arrested Singh for driving while under the influence following a complaint that he almost hit a few vehicles on Interstate 89 in Richmond about 9:30 a.m. Aug. 11, 2021.  He was eventually stopped on Vermont 117 in Jericho and had an alcohol breath test more than twice the legal limit two hours later, State Trooper Michelle Archer reported.  The Chittenden County State’s Attorney’s office reduced the DUI charge to negligent operation and let Singh pay only a fine with no probation in May 2022.