Elizabeth Murray

Free Press Staff Writer

Former Colchester police detective Tyler Kinney was formally indicted Thursday by a federal grand jury in Burlington on three counts of heroin distribution, firearms trafficking and theft.

According to the indictment, Kinney, 38, of Jericho stole at least $5,000 in drug and cash evidence from the Colchester Police Department, gave felon Peter Burnett a firearm, and distributed heroin.

If convicted on all three charges, Kinney faces a maximum prison sentence of up to 20 years.

The indictment was handed up at about 4:30 p.m. Thursday at U.S. District Court in Burlington and made public just before 5 p.m.

Kinney's lawyer, John Pacht, could not immediately be reached for comment after business hours Thursday.

The theft count alleges criminal conduct by Kinney from July 2013 to last month. The drug-distribution and firearms counts pertain to actions in October and November, according to the indictment.

A November raid of Burnett's North Avenue home in Burlington led to Kinney's arrest.

Kinney, a 12-year veteran of the Colchester Police Department, resigned last Friday. Police Chief Jennifer Morrison has said Kinney was in charge of the evidence room between February 2012 and his arrest.

The case involved a joint investigation by the Burlington police and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

The allegations against Kinney include that he stole a handgun, heroin and other drugs from the Colchester police evidence room and gave them to Burnett, 25, a convicted felon, federal court records show. Burnett, following an unrelated raid at his home, fingered Kinney as his source, records show.

Kinney and Burnett have yet to enter a plea to any of the allegations. Both were named in federal criminal complaints and appeared in court for initial hearings.

Burnett was released on conditions. He has yet to be indicted.

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Kinney was released from custody to attend a drug rehabilitation program at Serenity House in Wallingford. He was released from the facility after three weeks of treatment, his lawyer John Pacht said this week. At the time of Kinney's release from custody, Conroy ordered the defendant to wear a GPS tracking device.

Chittenden County State's Attorney T.J. Donovan said Wednesday the authorities are waiting for a written report from a Burlington-based FBI agent working with two veteran Vermont State Police lieutenants to determine what is missing from the evidence room.

Donovan has dismissed six criminal drug cases, involving five defendants, in which Kinney was involved. The prosecutor has said more dismissals might be required when the FBI and state police finish their report.

Court filings Thursday offered no information about when Kinney might be arraigned on the charges.

Contact Elizabeth Murray at 651-4835 or emurray@freepressmedia.com. Follow her on Twitter at www.twitter.com/LizMurraySMC.