Lawyers Seeking Global Resolution

By Mike Donoghue
RUTLAND HERALD CORRESPONDENT
BURLINGTON, Vt. — Lawyers are seeking a possible global resolution for a Rutland man facing a state manslaughter charge for fatally shooting his friend and a federal charge for illegal possession of a firearm while being a drug addict.

The federal sentencing of Kahliq Richardson, 19, of River Street, was set for Monday, but postponed for 30 days to allow for his defense lawyers to try to develop a joint plea deal with prosecutors, Senior Judge William K. Sessions III said in U.S. District Court.

Prosecutor Wendy Fuller and defense lawyer Mark Kaplan met with Sessions in chambers before the hearing. When they returned to open court with the judge, Sessions announced both sides had requested the one-month delay to try to resolve all cases.

Richardson had pleaded guilty in March in U.S. District Court in Burlington to a federal charge of possession of a 9mm semiautomatic handgun on April 3, 2021, after using cocaine and marijuana, records show.

Richardson used the firearm to kill Jonah Pandiani, 19, at the Quality Inn on South Main Street in April, 2021, Rutland City Police has said. Pandiani died instantly from a gunshot wound to the top of his head while seated, records show.

The manslaughter case is still pending, acting Rutland County State’s Attorney Ian Sullivan said Monday. He said both sides have indicated to the state court they would be ready for trial, if necessary, by mid-December. He declined to speculate about a plea agreement.

Kaplan has proposed a federal sentence of time served — the brief stint Richardson spent behind bars in pre-trial detention after his arrest.

Fuller wants Richardson to receive a five-year sentence in federal prison for the gun possession count, followed by three years of supervised release.

“This sentence may also provide some assurance to Jonah’s family that the person who killed him is being held accountable,” she wrote in her sentencing memo. “This crime is also as much of a federal crime as it is a state crime, and the citizens of Vermont routinely look to federal court for leadership in violent crime cases, especially cases involving firearms.”

The federal sentencing guidelines, which are advisory, suggested a sentence of 18-24 months for the possession charge without considering the homicide.

A sentence of 168-210 months would be appropriate under the guidelines if the homicide was classified as a second degree murder, Fuller wrote.

She said that sentence might be too high and proposed a downward departure to 60 months as a proper resolution.

Fuller noted investigators determined “Richardson had a history of drug use, a history of violence and a history of possessing firearms.”

She wrote Richardson he was under a final relief from abuse order for assaulting his ex-girlfriend and threatening to kill her family.

Kaplan said Richardson has turned the corner through counseling and the court should allow it to continue.

Court records indicate that Richardson got the gun off the “black market” for $200 to $400 and that the serial numbers had been scratched off.

And there was a new wrinkle added to the federal case recently. When the case was announced Monday in the courtroom, the deputy court clerk said the hearing would be both a sentencing and consider a violation of conditions of release complaint.

No specific charges have been filed about Richardson violating his conditions of release, but Kaplan in his sentencing memo noted “Kahliq relapsed in late June/early July.”

Kaplan wrote his client knows he needs to deal more seriously with his addiction.

It is not the first time Richardson has faced violation of conditions of release. Fuller tried to get him jailed last November after he tested positive for drugs, but the hearing was postponed a few times and eventually in April the request was rejected by the judge.

The defense in the state case had asked for Richardson to be considered a “youthful offender.” They wanted the homicide case resolved behind closed doors in family court and not have the public accountability in criminal court.

The state opposed the move and joined the Rutland Herald in a petition that the determination be held in open court and not in secret session.

Judge Howard A. Kalfus rejected the youthful offender request by the defense after hearing testimony during a one-day hearing April 22.

Kalfus noted family court has the authority to bar Richardson from possessing firearms until he turned 22 — less than three years away. That limitation would “create an additional risk to public safety.” The judge said a lifetime ban might be more appropriate based on the facts leading up to the shooting.

Britta Pirrung, a Department for Children and Families supervisor in Middlebury, had testified the federal case also could seriously impact any youthful offender status. She said the state would only be able to monitor Richardson until he was 22.

Pirrung said the state would have little or no ability to control him.

Then-Rutland County Deputy State’s Attorney Travis Weaver maintained Richardson needed to be treated as an adult because of his ongoing reckless and antisocial behavior before and during the fatal shooting.

Weaver played a recorded interview with Phoenix Drake, 18, who was in the Rutland hotel room when the fatal shot was fired. He told Rutland and state police detectives that Richardson had been playing around with the gun and pointing it at people, including him.

Drake also said Pandiani was minding his own business when killed.