Middlebury Police Chief James Viadero reports that, on Wednesday, Aug. 26, 2015, Middlebury police officers P. Deely and W. Kalvaitis responded to 10 Brookside Drive on a report that someone was illegally burning in the backyard. The Middlebury Volunteer Fire Department also was summoned to the scene. When they arrived, they found a male, later identified as Bouaphaychit Vongsouvanh, 43, a resident of 10 Brookside Drive, standing by the fire. The subject, who appeared to be confused, was wearing a camouflage poncho and had ear plugs in his ears. Next to him was a sleeping cot covered by a blue tarp.
Officer Deely, concerned for his safety and that of the responding fire personnel, placed himself between the suspect and the cot, pulled back the tarp and observed two long guns, a bullet-proof vest outer carrier containing multiple magazines and a black back pack. At this time the subject was detained and patted down for additional weapons. Officer Deely discovered the subject had a concealed firearm on his right side and additional magazines concealed on his left side.
The subject was then handcuffed for officer safety, allowing the officers to conduct an investigation. Upon checking further it was determined the subject was consuming an alcoholic beverage and appeared to be intoxicated. No apparent reason for the burning or the presence of the firearms was known at the time.
Officers checked the residence out of concern for additional occupants of the home. Located inside were the subject’s wife, mother–in–law, and his two minor children. Additional evidence in the house indicated the subject was consuming alcohol while inside. The subject’s wife said she had no knowledge of her spouse owning firearms and gave officers consent to search for additional weapons in the residence. Multiple other firearms and ammunition were located in the basement. All weapons were legally registered to the subject as well as the weapons high-capacity magazines. The subject also was a legal firearm permit holder.
The subject was subsequently arrested for breach of peace, carrying a firearm while intoxicated, and risk of injury to a minor (2 counts). The weapons, ammunition and other firearm paraphernalia were seized and the investigation is continuing on the incident. The subject was processed and subsequently transported to Waterbury Court for arraignment.
Officers responding were confronted with a potentially volatile situation and conducted themselves in an exemplary manner. There is always a concern when firearms are introduced into an environment where alcohol consumption is present, regardless of whether the weapons are legally owned and registered.
