Five time felon just released from federal prison sentence for illegal possession of a handgun
By Michael Donoghue, Vermont News First
A five-time felon, who just got out of federal prison for illegal possession of a handgun in Burlington, has been ordered to appear in state court on charges of reckless endangerment and illegal possession of a firearm following a shooting in Burlington’s Old North End on Monday night, officials said.
Nathan Washington Jr., 46, who has lived mostly in the Philadelphia area, was sentenced to 28 months in federal prison after he was caught in 2023 as a convicted felon with a stolen loaded 9-mm handgun in Burlington City Hall Park, records show. He was given credit for nearly 16 months in pre-trial detention.
Federal Judge Christina Reiss ordered Washington, also known as Marcpose Payne, to be on three years of supervised release conditions once he was discharged from prison to ensure a smooth re-entry into society. He is being monitored by the U.S. Probation Office on Elmwood Avenue.
Burlington Police said city officers responded to the area of North Winooski Avenue and Grant Street for multiple reports of gunshots about 9:36 p.m. Monday. Witnesses described several people of interest running from the scene, Interim Police Chief Shawn Burke said.
As officers arrived at the scene, they located and detained three people of interest.
Shelly Sanders, 42, of Burlington also was arrested and lodged at the Northwest State Correctional Facility in St. Albans Town for an unrelated arrest warrant.
There was no word on the third person.
Burke said city police collected ballistic and firearm evidence from the scene.
The chief said the shooting was believed an isolated incident between specific individuals who knew each other.
Anyone with information about this incident is asked to contact Detective Erica Schaller at eschaller@bpdvt.org or (802) 540-2282.
Washington is well known to Burlington Police. He had at least four felony convictions in Pennsylvania before coming to Vermont and getting convicted last year for illegal possession of a firearm.
The Bureau of Alcohol, Tobacco, Firearms and Explosives reported Washington stuck a finger into the eye of a woman and caused it to bleed on Aug. 22, 2023. As Burlington Police officers approached him Washington refused to stop, ATF Special Agent Brian Wood reported at the time. Washington had to be physically detained.
Officer Brady McGee observed a pistol in an over-the-shoulder bag worn by Washington, police said. McGee was able to seize the Beretta 9-mm caliber semiautomatic pistol that had one round in the chamber and 13 loaded in the magazine, Wood reported.
Washington was initially arrested on state charges of simple assault, resisting arrest and being a felon in possession of a firearm and was released on conditions.
Federal officials were asked to take over the gun case to allow for stiffer prosecution and the state charges were dropped.
Washington was found by Esox bar on Main Street in October 2023 and arrested on the federal charge. During an interview he told the ATF that the gun he possessed in August had been in a bag that he stole from a woman that frequented Burlington City Hall Park.
Washington said he believed the woman had stolen the gun earlier and investigation revealed the handgun had been reported missing from a car of a South Burlington man in May 2023, the ATF said.
He also admitted to possession of both cocaine and Percocet when he was arrested on the federal gun charge, police said.
ATF Special Agent Eric Brimo, a firearms expert, determined the gun had not been manufactured in Vermont and had crossed state lines, making it a federal offense, records show.
Washington has an extensive criminal history. It shows in part, he received a 6-to-10-year sentence in February 1998 for robbery and conspiracy to commit robbery; one-to-two years in December 2010 for contraband; 30-to-60 months in July 2011 for aggravated assault by vehicle while driving while intoxicated
and 18-to-36 months also in July 2011 for an accident involving death or injury, records show.
After the ATF arrested Washington on the gun charge, Federal Magistrate Judge Kevin Doyle ordered him detained due to the weight of the evidence, his prior criminal history, his history of violence and weapons, lack of stable employment, history of alcohol or substance abuse and prior violations of probation, parole or supervised release, court records show.
Washington eventually pleaded guilty to the single felony gun charge on Oct. 7, 2024.
The federal sentencing guidelines, which are advisory, had proposed a penalty between 30 and 37 months in prison.
“Rather than using his periods of incarceration and supervision – and the services offered to him – to reform his life, actions and outlook, the defendant appears to have continued his ongoing criminal actions,” Assistant U.S. Thomas J. Aliberti said in his sentencing memo.
He said 30 months was a proper sentence.
Defense lawyer Chandler Matson had countered that 24 months was a proper sentence in the case.
Reiss took the middle road and ordered 28 months.