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Date: 07-31-2018

Case Style:

United States of America v. John Chinnici

United States District Court for the District of Vermont

Case Number: 2:17-cr-00077-cr

Judge: Christina Reiss

Court: United States District Court for the District of Vermont (Chittenden County)

Plaintiff's Attorney: Barbara A. Masterson and Joseph R. Perella

Defendant's Attorney: Bud Allen

Description: Burlington, VT - Bennington Man Convicted Of Armed Robbery

The Office of the United States Attorney for the District of Vermont stated that John Chinnici, 33, of Bennington, Vermont, was convicted on July 27, 2018, in United States District Court in Burlington, Vermont, following a jury trial. U.S. District Judge Christina Reiss ordered Chinnici to remain in custody after the jury returned its verdict.

According to court records and proceedings, on January 11, 2016, at approximately 12:30 am, two masked men, one of whom carried a handgun, approached two employees of the Martin’s Mobil Mini-Mart in Bennington, Vermont as the employees walked to deposit the store’s night receipts at the drop box of a nearby bank. After demanding the employees hand over the bag containing the money, the robbers ordered the men to lie on the ground. The robbers then ran away. The employees returned to the store and called 911.

Through investigation, the Bennington Police Department determined that Austin Mayhew, 29, of Bennington, was one of the robbers. Mayhew identified Chinnici as the man who committed the robbery with him and as the person who carried the handgun. When interviewed by law enforcement, Chinnici claimed that he was not in Bennington on the night of the robbery; he claimed that he spent the night in East Dover at the home of friends.

Mayhew eventually pleaded guilty in Vermont state court to committing the robbery. He testified at Chinnici’s trial pursuant to a court-ordered grant of immunity. In addition to Mayhew’s testimony, the government presented evidence which rebutted Chinnici’s false alibi. The government also presented evidence from Chinnici’s cell phone, including evidence that his cell phone was in Bennington at the time of the robbery, not in East Dover, texts he exchanged with a former-girlfriend which detailed that he came into money during the night of the robbery, and photos of receipts showing that he sent the former girlfriend nearly $1,000 in the days following the robbery.

United States Attorney Christina E. Nolan commended the efforts of the ATF and the Bennington Police Department in the investigation and prosecution of Chinnici.

Chinnici faces a sentence of up to 20 years incarceration, followed by a period of supervised release, restitution, a possible fine, and a mandatory special assessment. Chinnici’s sentence will be determined by the sentencing judge after consultation with the United States Sentencing Guidelines and the factors set forth in 18 U.S.C. § 3553(a).


Charge:

18:1951.F INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE- took and obtained U.S. currency from employees of Martin's Mobil by means of actual and threatened force, violence, and fear of injury
(1)

Outcome: 07/27/2018 61 MINUTE ENTRY for proceedings held before Judge Christina Reiss: Jury Trial as to John Chinnici held on 7/27/2018. Barbara Masterson, AUSA and Joseph Perella, AUSA present for gov't. Bud Allen, Esq. present with dft. Jury Note #5 at 9:15AM. Statements by counsel. Court inquires with each juror independently. Parties make a joint motion to proceed with a jury of ten and file a written stipulation signed by them and Defendant confirming that agreement. Juror 10 and 12 removed. Curative Instructions given to remaining jurors. Jurors excused at 11:45AM. Jury returns with verdict at 6:40PM. Verdict entered. Dft requests polling of jurors. Jury excused at 6:45PM. Court makes inquiries. Statements by counsel. Post trial memorandum due 8/16/2018. Parties notified of appeal rights. (Court Reporter: Anne Pierce) (jbr) (Entered: 07/30/2018)
07/27/2018 62 STIPULATION TO JURY of Less Than 12 Members by John Chinnici and the Gov't. (jbr) (Entered: 07/30/2018)
07/27/2018 63 JURY VERDICT as to John Chinnici (1) Guilty on Count 1. (Attachments: # 1 Main Document (unredacted/sealed))(jbr) Date filed corrected on 7/30/2018 (law). (Entered: 07/30/2018)

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