Elizabeth Murray

Free Press Staff Writer

Local and federal authorities arrested a man who came to the attention of Burlington residents for riding his bicycle around the city with a rifle slung over his shoulder, Burlington police said this week.

Malcolm Tanner, 52, appeared in U.S. District Court in Burlington on Wednesday, and was temporarily detained, pending the continuance of a detention hearing scheduled for Friday, according to court documents. A complaint filed in the federal court this week accuses Tanner of being a felon in possession of a firearm.

Tanner's conduct as described by police is legal in Vermont for law-abiding citizens, but convicted felons are barred from possessing firearms.

Prosecutors with the U.S. Attorney's Office are asking that Tanner be ordered detained while his case pends because "there are no conditions of release which will reasonably assure both the defendant's appearance as required, nor the safety of the community," a motion for detention states.

Requests for comment to the Federal Public Defender's Office were not immediately returned on Thursday.

Burlington police Chief Brandon del Pozo announced the man's arrest through a news release on Wednesday evening. Tanner had been living in a camp in the woods on the border of the Old North End, and he rode his bicycle around the city with the "bolt-action rifle" slung around his shoulder. The man also kept ammunition for the weapon on his person, del Pozo wrote in the release.

"On its face, this is legal conduct in Vermont; any citizen in good standing is free to carry a rifle and its ammunition throughout the city either concealed or open to public view," del Pozo wrote. "Nonetheless, concerned about Tanner's deteriorating mental state and in response to numerous citizens who were alarmed by an armed person roaming the streets, the BPD partnered with the ATF to determine if he was in violation of federal law."

Investigation by the police department and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) revealed that Tanner had felony convictions in other states that prevented him from lawfully possessing a firearm. Investigators identified the firearm to be a Sears Roebuck and Co., Model 2200, 0.22 caliber semi-automatic rifle, and said the rifle was manufactured outside of Vermont.

An affidavit written by ATF Special Agent Eric Brimo also states that Burlington police have had at least seven documented disturbances involving Tanner while he was in possession of the long gun.

Brimo said in one of those incidents, Burlington police and Tanner reportedly engaged in an armed standoff on June 22. The incident occurred after police had received a call that a man matching Tanner's description had been in the area of the Burlington Boys and Girls Club acting "disorderly" with a rifle slung on his back. Burlington police had located Tanner at his campsite and called Tanner out of his tent, Brimo wrote.

"Tanner initially exited unarmed, but went back into his tent (contrary to the commands of the officers on scene) and returned holding his rifle," Brimo wrote in the affidavit. "After further commands, Tanner placed the rifle on the ground, but would not step away from it."

At that time, Brimo said Burlington police determined no state crime had been committed, but were unaware of Tanner's out-of-state felony convictions.

Brimo stated that investigators uncovered four felony convictions out of New Hampshire, including for theft, drug possession, unauthorized taking and sale of drugs. Authorities found no evidence that Tanner had been issued a pardon or that his convictions had been expunged from his record.

In the federal government's motion to detain Tanner, prosecutors expressed concern for Tanner's reported state of mental health during interactions with police.

"Law enforcement reported that, during these interactions with the defendant, his demeanor and responses indicated an inability to maintain a consistent stream of thought," the motion states. "In addition, Tanner made multiple incoherent statements indicating potential irrational fears of persecution, and voiced a belief that federal laws do not apply to him."

Tanner is being jailed at the Northwest State Correctional Facility in St. Albans Town pending the continuation of a detention hearing on Friday, according to an online state offender locator database.

If convicted, Tanner faces up to 10 years in prison or up to $250,000 in fines, the U.S. Attorney's Office in Burlington wrote in a statement.

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

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