BENNINGTON — A jury convicted Max Misch in Bennington Superior criminal court after a one-day trial on Tuesday for two misdemeanor charges of illegal possession of high-capacity firearm magazines. A previously self-professed white nationalist, Misch had a central role in the racial harassment of a former Bennington representative.
The case against Misch, 42, of Bennington, went before a jury after a Vermont Superior Court judge denied Misch’s previous attempts to challenge the charges on grounds that Vermont’s magazine restrictions were unconstitutional earlier this year.
In 2018, the Vermont Legislature passed an update of the state’s firearm law, placing a 10 round limit on long guns and a 15 round limit on handguns. Gov. Phil Scott signed the provision into law, and it took effect Oct. 1, 2018.
Two 30-round magazines for an AR-15 style rifle were seized from Misch’s apartment after a search warrant was obtained by Vermont State Police on Feb. 6, 2019, according to a state’s witness, James Wright, a detective sergeant with the state police.
Misch’s ex-wife Lisa Shapiro testified that she drove him across state lines to New Hampshire on Dec. 1, 2018 — two months after the firearm law took effect — where he acquired the magazines and brought them back to his residence in Bennington. Shapiro said Misch used her debit card for the purchase of the magazines because Misch forgot his wallet.
The duo had travelled to the sporting goods store in New Hampshire earlier in 2018 to purchase magazines, but Shapiro said the store was out of stock of the product Misch wanted at the time. Misch placed an order for the magazines to be purchased at a later date, but during her testimony Shapiro could not recall the exact date the order was placed.
In the defense’s closing argument, public defender Fred Bragdon claimed that Misch and Shapiro should have “joint possession” of the magazines since they were purchased under Shapiro’s name and she helped transport Misch.
Bragdon claimed that because Shapiro could not definitively recall the date Misch placed the order, Misch could have sought the magazines before Oct. 1, 2018, the date of the law’s effect. For that reason, Bragdon claimed that there is a reasonable doubt to whether Misch’s possession of the magazines would constitute an offense under the timeline of the statute.
In his closing arguments, Franklin Paulino, the attorney representing the State of Vermont, said that the evidence submitted by the state met the burden of proof beyond a reasonable doubt that Misch was guilty of possessing two high-capacity magazines.
Once both the state and the defense rested their cases, the jury delivered a guilty verdict for both charges after deliberating for less than a half hour.
Misch’s sentencing hearing is expected to be scheduled within the next 60 days, and the court has 45 days for post-trial motions. The presiding judge, Jennifer Barrett ordered Misch be released pending the sentence for the two charges, which each carry a potential maximum penalty for one year in prison and a $500 fine.
In an interview after the trial, Misch said that he was disappointed by the result and planned to appeal. Even though he said any jail time he would receive through sentencing would likely be minimal, Misch said he was seeking a “moral victory” that was thwarted by the jury verdict Tuesday.
An honorably discharged Iraq war veteran, Misch said in an interview he previously self-identified as a white nationalist but now considers himself a follower of Jesus Christ. Misch has faced several charges in the past, including aggravated domestic assault, a hate crime charge of disorderly conduct and repeated violations of his conditions of release.
Misch also previously admitted to engaging in racial harassment and trolling against former Vermont state representative from Bennington, Kiah Morris. Morris was the only Black woman in the legislative body at the time and eventually resigned, in part, due to online attacks.
The defense also cited the duplicity doctrine in the beginning of the trial, a constitutional provision that asserts that it is impermissible for states to divide a single offense into multiple counts. While the current statute places a charge on possession of each singular large capacity ammunition feeding device, the defense co-council lawyer Jeff Rubin said that the purchase of the two magazines in one transaction should be considered a single offense.
Barrett said the court found the two charges are not duplicitous based on a “plain reading” of the statute, but the court would consider further discussion of the doctrine’s relevance to the case if the defense filed a post-trial brief on the matter after the conviction.
Attorney General Charity Clark expressed gratitude to those involved in the conclusion of the jury verdict, which began six years earlier in February of 2019.
“I want to thank the jury for their service in carefully considering the law and facts in this case,” Attorney General Clark wrote in a statement. “I also want to thank our law enforcement partners for their assistance with the investigation, whose work was instrumental in bringing this case to a successful resolution.”
