Federal agent acquitted of simple assault

The former head of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives in Vermont has been acquitted by a jury of simple assault — one of two criminal charges brought against him by Rutland prosecutors.

During a one-day jury trial last Thursday, Special Agent James Mostyn, 45, of Burlington was ultimately found not guilty of simple assault on Tristan Tucker at a residence on Olmstead Place in Rutland in November 2014. Mostyn testified in his own defense as one of four total witnesses in the trial, Mostyn's lawyer Craig Nolan said Monday.

The jury was given the case around 6:30 p.m. Thursday at Vermont Superior Court in Rutland, and members came back with a verdict almost an hour later, Nolan said.

"Agent Mostyn was pleased at his vindication by the jury," Nolan said. "Agent Mostyn was innocent of the charge and wanted the jury to hear what really happened that day."

Mostyn remains accused of a misdemeanor domestic assault charge stemming from an incident with the son of Mostyn's girlfriend, Heather Porter in December 2014 at the same home in Rutland. He pleaded not guilty to that charge in January 2015, and the case is set for a jury drawing in April.

Rutland County Deputy State's Attorney John Waszak said late Monday afternoon that it would be "inappropriate" for him to discuss next steps in the case.

"Regarding the trial that occurred last week, the State found the victim to be credible and presented the evidence at trial accordingly," Waszak said in an email to the Burlington Free Press. "The jury found the defendant not guilty and the State respects its verdict."

Mostyn directed the Vermont office of ATF for many years but was assigned to headquarters last year briefly before returning to Vermont. He is currently an ATF special agent assigned to the New York division.

Mostyn remains free on conditions while his domestic assault case pends.

"Agent Mostyn maintains his innocence on that charge as well, and we do expect that a jury will vindicate him if a second trial is necessary," Nolan said.

Mostyn has been involved in several major cases in Vermont. He helped investigate the homicide of Mary "Pat" O'Hagan. The 78-year-old mother of five and grandmother of nine was shot in the back of the head during a botched nighttime home invasion in Sheffield on Sept. 10, 2010.

Federal agent faces Vermont assault charges

Contact Elizabeth Murray at 651-4835 or emurray@freepressmedia.com. Follow her on Twitter at www.twitter.com/LizMurraySMC.