A Fair Haven man facing federal gun charges missed his court date on a separate charge because he is in federal custody.

Kenneth D. Stone Jr., 29, failed to appear in Rutland criminal court on Monday to be arraigned on a misdemeanor charge of leaving the scene of a crash that caused property damage.

Attorney Chris Davis, who represents Stone, said he believed his client was in federal custody. Judge Thomas Zonay issued a $50 warrant for Stone’s arrest.

In an affidavit, Officer Scott Alkinburgh, of the Castleton Police Department, said he responded to a report of a single-vehicle crash on Route 4 at Exit 5 around noon on March 14.

On the way to the scene, Alkinburgh said dispatchers told him about reports that the driver had fled on foot.

At the crash scene, Alkinburgh said he talked to Jeremy Waite, a supervisor with the Vermont Agency of Transportation, who said he had witnessed the crash. He said he was driving west on Route 4 when he saw a car, at least a mile ahead of him swerve left then hard right and off the road.

Waite said he saw a truck and a car stop after the crash but by the time he got to the scene, the driver was running away. He said he was sure there was only one person in the car.

Vermont Fish and Wildlife Warden Robert Sterling brought his K-9 unit to the area to track the driver.

Alkinburgh said he was notified that police had located a man, later identified as Stone, in front of RMG Stone in Castleton. When Alkinburgh spoke to Stone, Stone allegedly denied he had been driving the car but said he knew the owner and planned to buy the car.

“(Fair Haven Police Officer Sean) Galvin told Stone it seemed coincidental that he was buying a car, that was crashed, off Travis but wasn’t driving it. Stone replied to us, ‘I was not driving the car. I might’ve been catching a ride but I was not driving the car,” the affidavit said.

The registered owner of the car is Travis J. Bailey.

Officers with the Vermont Department of Corrections’ Office of Probation and Parole told police on the scene they were on the way to take Stone into custody.

Sterling told Alkinburgh the K9 had tracked Stone to the area where he was questioned by police.

According to Alkinburgh, the situation with Stone became heated after he asked Stone to participate in field sobriety tests.

Alkinburgh said Stone attempted to walk away from him several times and he asked Stone if he could stand still.

“Not really. I’m getting aggravated,” Stone replied, according to the affidavit.

Alkinburgh said he asked Stone to explain.

“I’m wasting my time right now … You just informed me the car that I was purchasing from my buddy is wrecked. My buddy is gone and I’m being harassed,” Stone allegedly said.

Stone was then arrested and detained until his probation officer could reach the area.

Alkinburgh said police also found a gray hooded sweatshirt with the crashed car’s keys, fragments of car window glass, an uncapped syringe and other items near a home where Stone was found.

Stone and two others from Rutland, Gregory R. Miller, 33, and Jennifer R. Griffin, 44, have been charged in federal court with conspiring with “others known and unknown to the grand jury” to use a .45 caliber semi-automatic pistol in connection with a drug trafficking crime from 2017.

All three face up to 20 years in jail if convicted.

Police said the gun was later used to wound a New York City Police detective in July.

Stone has been held in federal custody since the end of April.

On May 8, a fire destroyed Stone’s home at 110 Stony Drive in Fair Haven.

patrick.mcardle

@rutlandherald.com

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