[B]URLINGTON — A Pownal man who was shot by police following an armed standoff last fall leading to an attempted murder charge against him in state court is now facing a federal offense of being a felon in possession of a firearm.
Bernard Rougeau, 48, pleaded not guilty Monday in federal court in Burlington to the firearms offense.
Before entering the not guilty plea, Magistrate Judge John Conroy asked Rougeau if he had been hospitalized recently for any reason.
“I was hospitalized for a gunshot to my lower intestines,” Rougeau responded.
“How do you feel today,” Conroy asked.
“I’m fine,” Rougeau replied.
According to police, Rougeau was shot by Vermont State Police Trooper Thomas Sandberg outside his home after he refused orders to drop his shotgun on Oct. 18.
Law enforcement officers were called to Rougeau’s home that night after receiving emergency calls that he was drunk and suicidal.
Rougeau’s mother told police that her son was “going out of his mind,”
According to court records, shortly before Rougeau was shot he told his mother that if police did shoot him it would be “good, that’s what I want.”
Prosecutors say Rougeau, while carrying a loaded 12-gauge double-barreled shotgun, confronted the officers on the scene. He then refused commands to surrender the weapon and raised it toward a trooper.
State police investigators said Sandberg fired twice and struck Rougeau in the torso area with buckshot. Rougeau refused to relinquish the shotgun even after he was shot, and another trooper used a stun gun to disarm him, court filings stated.
Rougeau was airlifted to Albany Medical Center in New York for treatment and later released.
He was then arraigned in state court in Bennington County on charges of attempted second-degree murder, aggravated assault on a law enforcement officer, reckless endangerment and interference with emergency services.
He faces up to life in prison if convicted of the state charges.
The new federal charge stems from his possession of the 12-gauge shotgun as a convicted felon. Rougeau’s criminal record includes felony convictions for arson and third-offense drunken.
The federal firearms offense carries a maximum penalty of 10 years in prison.
Assistant U.S. Attorney Spencer Willig, argued in a filing that Rougeau should remain in custody while the federal case against him proceeds.
Steven Barth, a federal public defender representing Rougeau, did not argue against that request, saying that his client has been incarcerated since his earlier arraignment on the state charges.
Barth told the judge in court Monday that he was still gathering information about the case, including mental health and hospital records regarding his client, as well as documents related to the state charges.
“It seems he’s facing much more serious charges there,” the defense attorney added.
The Vermont Attorney General’s Office and the Bennington County State’s Attorney’s Office both said in January that they have completed separate reviews of the shooting and will not be prosecuting Trooper Sandberg, terming his actions justified.
