September 23, 2009

CONCEPCION CRUZ PLEADS NOT GUILTY TO FIREARMS CHARGES

The Office of the United States Attorney for the District of
Vermont announced that Concepcion Cruz, 32, of Randolph, pleaded not guilty today in United States District Court in Burlington to federal firearms charges. U.S. Magistrate Judge John M. Conroy ordered that Cruz be released on conditions pending trial.

According to court records, on September 17, 2009 a federal grand jury in Burlington returned a two-count indictment charging Cruz with being a felon in possession of a firearm and possessing a stolen firearm. These charges stem from a burglary in Randolph on August 5, 2009 in which Cruz, the accused burglar, allegedly stole a loaded .380 caliber semi-automatic pistol. Before leaving the premises, the burglar fired two shots inside the unoccupied dwelling, then shot and killed the victim’s dog, which was in a detached kennel behind the house. Cruz was arrested about two hours after the burglary. He is prohibited by federal law from possessing any firearms because he has a 1998 felon conviction in Burlington for assault and robbery.

The United States Attorney emphasizes that the charges in the indictment are merely accusations and that the defendant is presumed innocent unless and until he is proven guilty.

Cruz faces up to ten years of imprisonment and a fine of up to $250,000 on each count. The actual sentence in the event of conviction would be determined with reference to federal sentencing guidelines.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Vermont State Police, the Randolph Police Department and the Orange County State’s Attorney’s Office. Cruz is represented by Assistant Federal Public Defender Elizabeth Mann. The prosecutor is Assistant U.S. Attorney Gregory Waples.