Burlington
Ex-officer John Breault, 31, appeared on Friday morning in U.S. District Court in Burlington to face a felony charge of intentionally distributing heroin that he allegedly stole from the Royalton department’s evidence closet in July and gave to an opioid addict with whom he had a sexual relationship.
Breault also allegedly allowed her to obtain narcotics deposited in the department’s “drug take-back box,” which allows citizens to surrender medications that are no longer needed.
Breault’s defense lawyer, Robert Katims, of Burlington, said his client is prepared to deal with the felony charge.
“John doesn’t use drugs. He wasn’t peddling drugs on the street. The allegation is that he had a serious lapse of judgment and that he helped out a friend, who was a drug addict,” Katims said following the six-minute hearing. “John’s resigned from the police department and he understands there will be other consequences, and we are here today to begin that process.”
Katims would not elaborate.
Breault, who lives in Randolph, declined comment to the Valley News as he left the courthouse with his father.
Breault was not arrested when the felony charge was filed on Thursday afternoon. Instead, he was allowed to report with Katims to court for what is known in the federal system as an initial hearing — to make sure he is aware of the criminal charge and determine if he will be released. No plea is entered unless — and until — an indictment is returned by a federal grand jury.
Federal Probation and Pretrial Services proposed Breault be released without bail on conditions, including staying away from any potential witnesses.
U.S. Magistrate Judge John M. Conroy said he wanted to add a requirement that Breault refrain from possessing any firearms. Conroy noted Breault was a lifelong Vermont resident, had family ties, had no criminal record and no known history of drug use.
Assistant U.S. Attorney William Darrow did not object to Breault’s release.
Breault resigned abruptly from the Royalton Police Department on Sept. 11 citing personal reasons. Two days later, federal investigators arrived in town to look at the police evidence closet.
Breault also has served as a part-time security guard at Vermont Technical College in Randolph, but he is on leave from that job. VTC President Pat Moulton told the Valley News Breault “has put himself on leave and he is expected to resign shortly.”
He had not worked at the college since Labor Day weekend, the president said.
Impact of the Charge
Cahill, the chief prosecutor in Windsor County, said it was unclear how many criminal cases could be impacted by the federal charge against Breault, who had been an officer for about nine years.
Cahill said he was drafting a letter on Friday afternoon to defense lawyers to ensure they are aware of the federal charge.
He said the lawyers will be invited to discuss any cases they believe should be dismissed. Cahill said he did not have a specific number of cases that involved Breault, though he acknowledged at least one drug case involving a Bethel man that could be in jeopardy.
He said prosecution still would be able to move forward in some other cases, such as those involving domestic assault charges, however.
The federal criminal complaint notes the FBI and the Drug Enforcement Administration had trouble locating 78 bags of heroin and 130 prescription pills that Breault seized during the arrest of 26-year-old Sterling Daniel, of Bethel, on June 21.
“We have to do a case-by-case analysis,” Cahill said in a phone interview. “We will look at them all.”
The Case
Breault was having a sexual relationship with the woman who received the illegal drugs, FBI Special Agent Colin Simons said in an eight-page affidavit outlining the case.
The two had been friends since they were in high school and he had started seeing the woman during the summer, according to the affidavit. During the summer, he began to provide her with drugs for her addiction on several dates starting in July, Simons wrote.
The woman, whose name was not disclosed, is only identified as a “confidential informant.”
The woman claims she was an opioid user until late August, when she became sober, Simons wrote.
Simons outlined an exchange of text messages between the woman and Breault on Aug. 25. The woman pressed Breault to get her some prescription narcotics. She said, “I have a knife in my hand and want to die.” Breault responded, “Okay, please hang in there a little bit I’ll get there as soon as I can.”
He explained two people were with him and he would have to get the drugs “without them seeing.”
The woman said Breault brought her Xanax, an anti-anxiety medication, Simons wrote.
Breault feared he might get caught and was concerned that the woman would tell her estranged husband.
In one Facebook message to the woman, Breault said, “I gave you pills and H (heroin) from evidence and I will get arrested and fired,” according to the criminal complaint signed by Simons.
The woman first spoke on Sept. 11 and 12 with DEA Agent Timothy Hoffman.
Hoffman said the woman reported Breault provided her fentanyl patches and 10 to 30 milligram quantities of Oxycodone and Zoloft. The woman said she would chew on the patches and Breault disposed of the prescription bottles, Hoffman wrote.
Conroy told Breault he was entitled to a probable cause hearing on Oct. 13 for the felony charge. Conroy said if a federal jury were to return an indictment in the case, the hearing would become an arraignment for Breault. That would be Breault’s first chance in court to enter a plea to the drug charge.