Jackson, Mississippi Man Charged with Unlawfully Possessing a Firearm near Derby, Vermont

BURLINGTON - The United States Attorney's Office for the District of Vermont stated that Cruz Gary, 39, of Jackson, Mississippi, has been charged by criminal complaint with unlawfully possessing a firearm as a convicted felon.

On August 24, 2026, Gary had his initial appearance before United States Magistrate Judge Kevin J. Doyle. A detention hearing was held on August 25, 2026, during which Gary was ordered detained during the pendency of the case.

According to court records, on August 21, 2026, U.S. Border Patrol Agents were patrolling the international border near Derby Line, Vermont. During those patrols, an agent noticed a car with a Mississippi license plate traveling from near the international border onto a rural road. The car continued into an area that has been frequently used for alien smuggling, and slowed to half the speed limit, which the agent inferred was an attempt to locate people who may have illegally entered the United States. During a traffic stop, the driver of the car was identified as Gary. The agent learned from the occupants of the car that a firearm was inside the vehicle. A record check revealed Gary to have an extensive criminal history in Mississippi, including felony convictions. The firearm, a SCCY 9-millimeter pistol, was recovered from a bag removed from the driver's area of the car. Inside the same bag, agents located a Social Security card and a health insurance card both bearing Gary's name.

The United States Attorney's Office emphasizes that the complaint contains allegations only and that Gary is presumed innocent until and unless proven guilty. Gary faces up to 15 years of imprisonment if convicted. The actual sentence, however, would be determined by the District Court with guidance from the advisory United States Sentencing Guidelines and the statutory sentencing factors.

First Assistant United States Attorney Jonathan A. Ophardt commended the investigatory efforts of the United States Border Patrol and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

The prosecutor is Assistant United States Attorney David Golubock. Gary is represented by the Office of the Federal Public Defender.

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