BRATTLEBORO — A man who shot and killed an intruder in his apartment at Great River Terrace on Friday night is facing federal charges for selling fentanyl and being a felon in possession of a firearm.
According to documents filed in federal court, Nicholas Baker, 34, shot the intruder, whose identity has not yet been disclosed, three times with a 9mm handgun.
On Friday night, officers with the Brattleboro Police Department responded to Great River Terrace at 9 p.m. for the report of a shooting.
“Upon arrival, officers observed a male whose identity is known to law enforcement on the lawn in front of apartments #100 and #102,” states an affidavit filed in federal court. “Victim #1 was unresponsive and actively bleeding. Victim #1 later died.”
The identity of the victim has not been released pending notification of kin.
Baker told investigators with the Brattleboro Police Department that when the intruder attacked him in his apartment, the handgun fell out of the intruder’s pocket.
However, investigators with the Vermont State Police Crime Scene Unit conducted a search of Baker’s residence and recovered a blue, plastic Bersa pistol box with a manufacturer sticker for a Bersa model BP9CC 9mm pistol, serial number K94815, which matched the pistol recovered by law enforcement in the apartment after the shooting.
When police searched Baker’s person, they also found 50 glassine bags of suspected fentanyl.
“As part of this investigation, ATF Special Agent Eric Brimo, a designated ATF interstate nexus expert, reviewed the ... 9mm pistol,” states the affidavit. “SA Brimo determined it was manufactured outside the State of Vermont and that by its presence in Vermont, the pistol must have travelled across state lines affecting interstate commerce.”
Windham County Deputy State’s Attorney Steven Brown told the Reformer additional state charges may be filed against Baker.
“We have a lot of work to do before we can get to a point of making a charging decision,” he said.
However, the state has filed charges against Baker for violating his probation that was a result of Baker being found guilty on a number of charges in 2018, including being an accessory to burglary.
Earlier, in 2014, Baker shot a man in the stomach with a 12-gauge shotgun after a dispute at his Stage Road home in Guilford.
Baker was later acquitted of aggravated assault but convicted of cultivating 25 or more marijuana plants, which was a felony. Brown said in 2017, Baker received a sentence of 50 to 59 days on a work crew as a result of the conviction.
Before that, in 2013, Baker was accused of stabbing a man on Memorial Drive in Cambridge, Mass.
He was charged with assault and battery with a dangerous weapon and malicious destruction of property.
At the time of his 2013 arrest, he also had two outstanding warrants, both issued in Cambridge, on charges of assault and battery with a dangerous weapon and carrying a dangerous weapon.
On Tuesday, the Reformer requested more information from Massachusetts authorities on how those charges were resolved, but is still waiting on a response.
Baker is currently being held in state prison for lack of bail on the violation of probation charge. Brown said he expects federal officials will file a detainer to take custody of Baker.
“I want to thank the U.S. Attorney’s Office for the District of Vermont and ATF for their quick response to this incident,” said Brown.
Great River Terrace, on the site of the former Lamplighter Inn, is a permanent supportive housing program, owned and operated by Windham and Windsor Housing Trust, with on-site services provided by Groundworks Collaborative and Health Care and Rehabilitation Services.
