By Michael Donoghue, Vermont News First

SOUTH BURLINGTON — A Wolcott teenager has been turned in to police by his parents after his mother recognized his eyes in a surveillance photo of a partially masked armed robber in South Burlington.

August C. Hatch, 16, of Town Hill Road pleaded not guilty on Monday to a felony charge of assault and robbery with a weapon for his part in a holdup with gunfire at a South Burlington convenience store last week.

Hatch is charged as an adult in Vermont Superior Court in Burlington with using a dangerous weapon to assault and rob a store clerk on Nov. 5, according to Deputy State’s Attorney Lucas Collins.

South Burlington Police said two young people wearing partial masks, dark pants and hoodies pulled over their heads entered the Interstate Shell Store at the corner of Williston Road and Dorset Street about 6 p.m. Nov. 5.

One bandit displayed a handgun and demanded the 34-year-old clerk turn over money from the cash register, police said. After getting $640, the two robbers fled the store, but the clerk used his personal handgun to fire off several rounds at them as they ran toward Barnes and Noble, court records show.

The clerk claimed, as he gave chase, two shots were fired at him and he fired 3 or 4 shots back, police said.  Ballistic evidence was recovered at the scene, Lt. Chris Bataille said the night of the robbery.

No injuries were reported.

Police got a break in the case four days later when Hatch’s mother said she recognized her son from media reports that showed a photograph of a partially masked robber, Detective Sgt. David MacDonough wrote in court papers.

Seeing his eyes was enough of a clue for the mother to know it was her son in the photo provided in the press release from police, court records said.

Hatch admitted the armed robbery to his parents, who brought him to the Morristown Police Department, records show.  Morristown Police Sgt. Cole Charbonneau did a preliminary interview and developed enough information to alert South Burlington Police.

MacDonough wrote that he drove to Morristown to interview the suspect in detail with his father present.

SBPD issued a citation to the teen ordering him into adult court because he is charged with assault and robbery — which is one of the so-called “Big 12” crimes in Vermont.  The “Big 12” law adopted in 1981 allows for youths as young as 10 years-old to be charged in adult court for the dozen most serious crimes, including murder, manslaughter, arson, kidnapping and armed robbery.

Collins later filed a motion on behalf of the Chittenden County State’s Attorney’s Office to try to get the case transferred to Family Court for Hatch to be considered as a Youthful Offender.  It would have meant Hatch would have faced a confidential process with very limited consequences as a juvenile due to few state options.

Veteran Judge David Fenster rejected the motion during the arraignment Tuesday and ruled the criminal case would remain transparent  in adult court for the time being. 

Fenster also rejected a motion by Public Defender Stacie Johnson to have the charge  dismissed for lack of probable cause.

Hatch’s accomplice, a 17-year-old from Caledonia County, was interviewed on Wednesday, MacDonough said.  He said based on the interview, a decision was made to issue him a citation to appear for Family Court in a month. He was released him in the custody of his parents.

During Hatch’s arraignment in court, Fenster did agree to release him on court-imposed conditions in the custody of his parents, who were directed to report any violations.

Fenster told the suspect he must be in the custody of a parent when leaving their home, except for school, medical or legal appointments.  

Hatch also must have no contact with the co-defendant and store clerk.  He also must not enter the South Burlington store and refrain from possessing any firearms or deadly weapons.

The Hatch family surrendered the firearm and the weapon, which they found in his bedroom, police said.  It turned out to be a BB gun that appeared to be a real gun.  Police also seized as evidence the handgun used by the store clerk to fire at the robbers, MacDonough said.

Hatch told police that the robbers thought the clerk would take the robbery attempt more seriously if the BB gun was used, court records show.

Police reported Hatch indicated the store was selected because nobody was around and the hope was to steal $2,000.

Hatch said the robbers each got $320 after splitting the money, police noted.

He said when he thought he heard 5 or 6 gunshots, he feared he was going to be hit in his spine, police said.

Hatch said on a 1-10 scale (with 10 the most serious) he had a 7 for the fear he felt at the time, court records note.

The store has a policy of no masks for customers, but the robbery went down before the clerk could speak to them as they walked in, records show.

The “Big 12” law was adopted during a special session of the Vermont Legislature during the summer of 1981 to address serious juvenile crimes.  More than 35,000 Vermonters signed petitions for the special session to address new, tougher juvenile laws after two pre-teen girls were seriously attacked in Essex Junction in May 1981 walking home from school.  One 12-year-old girl was raped and killed at Maple Street Park, while the other was raped and left for dead.

A 16-year-old Burlington boy got a life sentence after his trial, but the 15 ½ year-old co-defendant from Essex Junction could only be held as a juvenile until he was 18, a ruling that outraged the state.  The Vermont law was used many times in the early years by prosecutors, but recent state’s attorneys have been reluctant to use the statute.