Wilcox pleads guilty to possessing .357 Magnum | Local News | benningtonbanner.com

2022-08-19 23:12:21 By : Ms. Jenny Zhang

Partly cloudy. A stray shower or thunderstorm is possible. Low near 60F. Winds light and variable..

Partly cloudy. A stray shower or thunderstorm is possible. Low near 60F. Winds light and variable.

Gavin Wilcox pleaded guilty in U.S. District Court in Burlington to a charge of being a convicted felon in possession of a loaded handgun.

Gavin Wilcox pleaded guilty in U.S. District Court in Burlington to a charge of being a convicted felon in possession of a loaded handgun.

BURLINGTON — A Bennington man has pleaded guilty in U.S. District Court in Burlington to a charge of being a convicted felon in possession of a loaded handgun on March 31.

Gavin Wilcox, a two-time convicted felon in Bennington County admitted he had a .357 Magnum in his backpack when apprehended by Bennington Police on a pending state arrest warrant.

Wilcox, 31, has a felony conviction for heroin possession in Arlington in November 2020 that netted him a six- to 24-month prison term, records show. He also has a felony conviction for third offense driving while under the influence in Winhall in February 2013 that resulted in a one- to two-year prison sentence, records show.

He has 22 misdemeanor convictions, including one for domestic assault in June 2010 that also prohibits him from possessing any firearms under federal law, court records show.

Senior Federal Judge William K. Sessions III accepted the guilty plea this week and set the sentencing for Nov. 28 in Burlington. Wilcox could face up to 10 years in federal prison, followed by up to three years supervised release and up to a $250,000 fine.

U.S. Homeland Security Investigations said the federal charge stems from a joint Bennington Police probe into a fight with four or five people at 305 South St. near Elm Street about 4:30 p.m. on March 31.

Witnesses said one person was possibly stabbed and a gray colored car fled the scene, Homeland Security reported. A car with a red stain believed to be blood was located, but no injured person, town police said.

A Bennington Police detective later spotted a car believed involved pulling into a parking space near the Dollar General Store at 262 Main Street. Wilcox got out of the driver’s side rear passenger door of the Forrester station wagon with a backpack. Wilcox was well known to the detective because of ongoing prior professional contacts with police, records show.

The detective watched Wilcox, who had a pending arrest warrant, get into a Massachusetts-registered Hyundai Elantra that was known to often be driven by a man who also was wanted on a warrant, Homeland Security said.

Wilcox exited the Hyundai and was headed back to the Forrester when detained by Bennington Police. Wilcox was told to drop a lighter visible in his hand and 11 white bags wrapped in a rubber band also fell from his hand, HSI said.

Bennington Police said Ryan Ottaviano, 32, who was in the second car, was arrested on a pending assault and robbery charge from December 2021. He also was charged with a pending warrant on March 14 for three counts related to the sale of heroin and fentanyl, the Banner reported at the time.

A subsequent court-ordered search of the backpack uncovered empty fentanyl bags, needles, other drug paraphernalia, $205 in cash and a container with a white rock substance, a HSI special agent said in court papers.

The .357 Magnum revolver was loaded with six rounds and there were another 6 bullets in the backpack, police said. The revolver had been reported stolen during a burglary earlier in Pownal, Bennington Police said.

The 11 white bags tested positive for fentanyl and the white rock substance was positive for cocaine, Bennington Police said.

The U.S. Attorney’s Office said after Wilcox’s arrest that he needed to be detained as both a danger to the community and also as a risk to flee.

Wilcox had absconded from furlough at the time of the offense, records show. His record included four misdemeanor convictions for possession of heroin or narcotics, Bennington Police reported.

His three ‘driving while under the influence’ convictions were amassed in 2011, 2012 and 2013, police said. He had subsequent arrests for driving while his license was suspended, records show.

Winhall Police nabbed Wilcox in an Aug. 24, 2013 DUI case when he was clocked driving 78 miles per hour in a 50-mph zone and swerving across the centerline on Vermont 11/30. Wilcox tried to elude police, later abandoned his car on Deepwoods Road and fled into the woods on foot, police said. Winhall Police said he was later taken into custody and ordered into criminal court on four charges, including DUI number 3 and resisting arrest.

He also had multiple allegations of violating court conditions and probation and at least one case of failure to appear.

A federal prosecutor wrote Wilcox at the time of his arrest was believed to be “an active user of opiates and unlawfully in possession of a Smith & Wesson revolver.”

BENNINGTON — A Bennington man was arraigned in federal court Tuesday after police say he was caught with drugs and a handgun, which he is barr…

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