A 21-year-old Washington state woman was arrested Friday for allegedly shooting a US Border Patrol agent to death in Vermont earlier in the week, according to federal authorities.
Teresa Youngblut was charged in US District Court in Burlington, Vt., with assaulting and impeding a federal employee and using a firearm in a crime of violence, in connection with the fatal shooting of Agent David Maland, court records show.
Youngblut is due to make her initial court appearance on Monday at 3:30 p.m. Her federal public defender declined to comment.
She faces a maximum sentence of life in prison, and a mandatory minimum sentence of 10 years, if convicted of the charges.
However, as the case moves forward, prosecutors could pursue more serious charges, alleging that she intentionally killed a federal agent. Such charges could carry the potential of the death penalty.
An FBI affidavit filed in the case said the shooting occurred around 3 p.m. Monday when a Border Patrol agent stopped a 2015 Toyota Prius Hatchback carrying Youngblut and Felix Baukholt, a German national, on Interstate 91 in Coventry, Vt.
Baukholt, the registered owner of the car, appeared to have an expired visa, the affidavit said.
Youngblut was driving at the time of the stop and Baukholt was the lone passenger as multiple Border Patrol agents approached the vehicle, the filing said.
Youngblut allegedly “drew and fired a handgun toward at least one of the uniformed Border Patrol Agents without warning when outside the driver’s side of the Prius,’’ the affidavit said. “Baukholt then attempted to draw a firearm. At least one Border Patrol Agent fired at Youngblut and Baukholt with his service weapon.’’
Maland and Baukholt were both killed during the encounter, officials said.
Youngblut was also struck by gunfire and taken to Dartmouth-Hitchcock Medical Center in New Hampshire, where “she is presently receiving in-patient medical care,’’ the affidavit said.
Authorities had been conducting periodic surveillance on the two since Jan. 14, according to court papers.
A hotel employee in Lyndonville, Vt., had contacted police to report concerns about a man and woman who had checked into the establishment while wearing “all-black tactical style clothing with protective equipment,’’ the affidavit said.
The employee reported that Youngblut had been “carrying an apparent firearm in an exposed-carry holster’’ as well, the filing said.
Lyndonville Police Chief Jack Harris said the pair were staying at the Colonnade Inn in the small town in the Northeast Kingdom region. He confirmed that management felt uneasy about their dress and activity so they contacted police.
Because of the federal investigation, Harris declined further comment to the Globe. A person who answered the phone at the Colonnade Inn declined to comment to the newspaper.
Vermont State Police and Homeland Security Investigations personnel tried to initiate a “consensual conversation’’ with the pair on Jan. 14, but they weren’t cooperative, the document said.
They “declined to have an extended conversation, claiming that they were in the vicinity to look at purchasing property,’’ the filing said, adding that the two checked out of the hotel after speaking with investigators, who later spotted them walking in tactical dress on Sunday in downtown Newport, Vt.
“Youngblut was observed carrying a handgun at that time,’’ the affidavit said.
Vermont is an open-carry state, meaning people may carry handguns, “anytime, anywhere,’’ Harris said.
There is an exception for hunting rifles, which cannot be loaded when traveling in a car, he added.
In a phone interview, Vermont State Senator Russell Ingalls noted that someone walking around the Northeast Kingdom, the state’s northeast corner, in black tactical clothing while carrying a pistol in a holster would draw the attention of residents and law enforcement alike.
“It certainly would draw suspicion to yourself, especially up in our area where we know everyone,’’ he said. “It wouldn’t make much sense to us.’’
Ingalls said it’s very uncommon for Kingdom residents to wear a gun although a large majority of people own pistols and rifles.
“We don’t do it like people do it in some states. We don’t do it to be a cowboy,’’ he said. “Yeah, there are some people that will carry. But you are not going to see a lot of people carrying firearms on the outside of their bodies. Not people from Vermont, especially not people from Vermont.’’
After the fatal shooting, authorities seized a number of items from the Prius, including a ballistic helmet; a night vision monocular device; a tactical belt with holster; a magazine loaded with cartridges; two full-face respirators; 48 rounds of .380-caliber, hollow-point ammunition; a package of shooting range targets, some already used; two handheld two-way radios; about a dozen electronic devices and multiple electronic storage devices; documents containing identification, utility, lease, travel, and lodging information related to several states; and “an apparent journal’’ found with Youngblut’s identification papers, the affidavit said.
Authorities seized additional items as evidence, including a .380-caliber pistol resting on the hood of a Border Patrol Chevy Tahoe, a .40-caliber pistol and magazine resting on the hood of a Border Patrol F150 truck, another .40 caliber magazine on the ground between the truck and the Prius, as well as seven spent 9mm casings, two spent .40-caliber casings, one intact .40-caliber cartridge, and one intact .380-caliber cartridge on the ground, the filing said.
The affidavit said the Border Patrol agents at the scene “would have each been carrying exclusively 9-millimeter service pistols,’’ and that “the agents likely would have seized any handguns from suspects involved in the incident and cleared them by removing the magazine and opening the slide to eject any chambered cartridge before placing the firearms in a safe location, such as the hood of a law enforcement vehicle.’’
According to the affidavit, agents had secured a .40-caliber Glock 23 “on or near’’ Youngblut after the shootout, while a .380-caliber M&P Shield firearm was secured “on or near Baukholt after the incident.’’
The affidavit said the evidence is “consistent with Youngblut having fired the .40-caliber Glock 23 at least twice from the driver’s side of the Prius, one or more Border Patrol Agents returning fire with at least seven 9-millimeter shots, and then agents clearing the Glock 23 40-caliber and M&P Shield .380-caliber pistols, resulting in the described casings and cartridges being on the ground.’’
Investigators also collected two packets of suspected cellphones wrapped in aluminum foil that were found behind one of the Border Patrol vehicles after the gunfight, records show.
The document said law enforcement personnel had earlier been surveilling the pair between 11:30 a.m. and 2:35 p.m. at a Walmart in Newport, Vt.
“They observed Baukholt enter the Wal-Mart at approximately 1:00 pm and came out with what was later confirmed by Wal-Mart employees to be two packages of aluminum foil,’’ the affidavit said.
Youngblut stayed in the Prius in the driver’s seat while Baukholt entered the store, and that when “Baukholt returned to the vehicle, he was seen removing sheets of foil and wrapping unidentifiable objects while seated in the passenger seat,’’ and he was also seen making at least one phone call, according to the document.
Vermont Acting US Attorney Michael P. Drescher said in a statement that prosecutors will seek justice for Maland.
“The events leading to this prosecution tragically demonstrate how the men and women of law enforcement regularly put their lives on the line as they try to keep our communities and our country safe,’’ Drescher said. “The United States Attorney’s Office is deeply grateful for those with the courage to do such dangerous work. We intend to honor them, and the memory of Border Patrol Agent Maland, by performing our prosecutorial duties so that justice may be done.’’
One former federal prosecutor not involved in the case said he believes additional charges are likely.
Boston attorney Zachary Hafer said the murder of a federal agent performing their duties is “a federal case every time,’’ and carries the potential for the death penalty, depending on the circumstances.
The current charges against Youngblut are likely to be upgraded when evidence is presented to a federal grand jury for indictment, Hafer said. If convicted of killing a federal agent, she could face life in prison or the potential death penalty.
“I believe if there is any ambiguity over who shot the agent it’s not going to be a death penalty case,’’ Zafer said. However, he said prosecutors may pursue the death penalty if they allege that Youngblut deliberately killed Maland. “To make it a capital case, you need malice aforethought, premeditation.’’
Shelley Murphy and Jeremiah Manion of the Globe staff and correspondent Rita Chandler contributed to this report. Material from the Associated Press was used in this report.
