Clear skies. Low around 55F. Winds light and variable..

Clear skies. Low around 55F. Winds light and variable.

BRATTLEBORO — A Pittsford man was arraigned Tuesday in Windham Superior Court, Criminal Division, accused of helping another man steal an $80,000 excavator from a job site in Wilmington.

According to documents filed with the court, Scott A. Chandler, 47, and Michael Brillon, 59, of West Haven, stole the excavator sometime between Oct. 18 and 20, 2021.

Chandler was charged with one count of being an accessory in the commission of grand larceny, which could result in a sentence of up to 10 years in prison. Chandler pleaded not guilty and was released on conditions.

According to an affidavit filed by Wilmington Police Officer Andrew Kirkman, when he visited the job site on Route 9 in Wilmington, he documented what appeared to be evidence of someone arriving with a trailer, upon which the excavator was loaded.

After the Wilmington Police Department posted a public notice on its Facebook page seeking information on the theft, Kirkman took a call from someone who spotted a mini-excavator on the side of Interstate 91 near Exit 3 in Brattleboro.

"[I]t appeared that the trailer towing the excavator blew a tire and that the suspect(s) had ditched the excavator on the side of the roadway," wrote Kirkman.

On Dec. 30, the Wilmington Police Department received a phone call from Brillon's brother, who told Kirkman he knew his brother was responsible for "heavy equipment thefts" in Winhall and surrounding areas.

Brillon's brother also identified Chandler as his brother's accomplice in the Wilmington theft, adding not only had Brillon stolen that excavator, but also two others, one from Winhall and one from Killington.

Brillon's brother said Chandler had been operating one of the excavators at Brillon's property in West Haven.

Chandler initially told investigators that Brillon was in possession of the stolen excavators but denied knowing they were stolen.

"He stated that the excavator on his property had been bought for $15,000, and that he had been showing Brillon how to operate them," wrote Kirkman.

However, Kirkman received information that Brillon and Chandler had messaged each other on Oct. 17 and 18, discussing plans in preparation for the theft.

Brillon was arrested last November after a joint investigation conducted by the Bennington, Winhall, Wilmington and Fair Haven Police Departments, the Vermont State Police, agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives, as well as the Department of Homeland Security.

During a search of Brillon's home at 195 Keyes Road in West Haven, law enforcement recovered a 9 mm handgun, as well as two rifles, a black powder pistol, a large quantity of marijuana and a 2019 John Deere mini excavator.

Prior to the search, Brillon's brother told police that Brillon had been making threats toward his brother and his wife, including that he would burn his brother's home and that the "best thing" for him to do would be to "eat a bullet." Brillon's brother also reported seeing a 9 mm handgun in Brillon’s residence, which was a violation of federal law, as Brillon is a convicted felon.

Brillon has a lengthy criminal history in Vermont, including four felony convictions and 11 misdemeanor convictions. In 2004, Brillon was convicted of second-degree aggravated domestic assault and sentenced to between 12 and 20 years in prison. After subsequent appeals to the Vermont Supreme Court and re-sentencing, Brillon received an amended sentence of eight to 14 years. He was released in April 2012 after serving about nine years. Brillon also has a 1994 felony conviction for sexual assault on a minor. Those convictions prevent Brillon from ever owning a firearm in the state of Vermont.

Brillon has been cited with grand larceny for the theft of the excavator from Wilmington but has not yet been arraigned. He is currently in federal custody on two counts of unlawful transport of firearms as a felon. 

Bob Audette can be contacted at raudette@reformer.com.

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