Source: United States Bureau of Alcohol Tobacco Firearms and Explosives (ATF)
Rutland, Vermont – The Office of the United States Attorney for the District of Vermont announced that yesterday, Tyler Hayes, 42, of Bennington, Vermont, was convicted of two charges stemming from his unlawful possession of a homemade bomb, following a jury trial in U.S. District Court in Rutland. U.S. District Judge Joseph Laplante ordered that Hayes remain in jail pending sentencing, which has not been scheduled. Hayes has been held in custody since his arrest on January 19, 2024.
According to court records and evidence presented at trial, a bomb was discovered in Hayes’s former Bennington residence days after he abandoned the property in February of 2023. The property manager contacted law enforcement, who defused the bomb. Witnesses at trial described how Hayes had been discussing and constructing bombs for months, and had offered to trade a bomb for fentanyl. Other witnesses described Hayes making admissions after the bomb was discovered, including that he was “on the run” after a bomb had been found at his residence. An explosives expert from the Bureau of Alcohol, Tobacco, Firearms, and Explosives testified that, although the homemade bomb was rudimentary and simplistic (constructed from a combination of a pipe bomb and flammable liquids stored in plastic water bottles), it was nonetheless capable of causing substantial destruction and injury had it been detonated.
The jury convicted Hayes of possessing an unregistered destructive device, in violation of the National Firearms Act (“NFA”), and of possessing a destructive device while being an unlawful user of a controlled substance, in violation of the Gun Control Act (“GCA”). Hayes faces up to 10 years in prison on the NFA violation, and up to 15 years on the GCA violation. The actual sentence will be determined by the judge with reference to the Federal Sentencing Guidelines and the statutory sentencing factors.
“Yesterday’s guilty verdict in Rutland reflects not only the investigative skill of agents from the Bureau of Alcohol, Tobacco, Firearms & Explosives and Homeland Security Investigations, but also the work of an extraordinary team of prosecutors and support staff from this office,” stated Acting United States Attorney Michael P. Drescher. “The superb organization and presentation of evidence at trial demonstrated not only that Hayes was guilty of the crimes charged beyond a reasonable doubt, but also the extreme danger he presented to the community.” Drescher also thanked the Vermont State Police, whose Explosive Ordinance Disposal Unit disabled the bomb, as well as the Bennington Police Department for their assistance in the case.
The prosecutors are Assistant United States Attorneys Corinne Smith and Nicole Cate. Hayes is represented by James Valente, Esq., and Chandler Matson, Esq.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit Justice.gov/PSN.