A Waterville man accused of burglarizing a Winthrop home last August faces a federal indictment charging him with being a felon in possession of ammunition that same day.

Brian Thomas Mulkern, 35, was arraigned in U.S. District Court in Bangor on Monday by Magistrate Judge John Nivison.

Mulkern pleaded not guilty to a federal indictment handed up March 11 that says Mulkern “knowingly possessed ammunition that had previously traveled in interstate or foreign commerce” and says he had 10 rounds of 9 millimeter ammunition on Aug. 26.

According to court documents filed by the prosecutor, Assistant U.S. Attorney Chris Ruge, “The defendant obtained this ammunition during the course of a daytime burglary. An 11-year-old girl was in the home at the time of the burglary.”

The charge carries a minimum 15-year prison term followed by up to five years of supervised release.

In seeking to have Mulkern held pending trial, Ruge also wrote, “The defendant was captured by local police at the scene of the burglary with the ammunition loaded into a magazine in his possession. The defendant stated that he had tried to also steal a corresponding handgun to trade for drugs out of state. The safe the handgun was in showed signs of his attempts to open it.”

Nivison ordered Mulkern to go into federal custody if he is released from state custody.

The federal indictment lists Mulkern’s felony record, which begins with robbery, burglary, theft and drug possession convictions in 2001, continues with an unlawful trafficking conviction in 2004, all in Cumberland County; a 2012 burglary in York County; and ends with a 2012 conviction for attempted heroin trafficking in Winthrop in Kennebec County. He was sentenced to 28 months in prison in February 2013 on the last conviction.

In the most recent Winthrop incident, Mulkern was indicted by a grand jury in Kennebec County last September on burglary, theft and criminal mischief charges.

He is accused of breaking into a Holmes Road home around noon on Aug. 26, 2014, and surprising an occupant, who called police before fleeing.

A Winthrop police officer tackled Mulkern as he tried to get to his motorcycle to flee, Winthrop police said at the time. Mulkern allegedly left the house carrying items from inside.

Mulkern remains in custody on the Kennebec County charges.

In the federal case, he is represented by attorney Jon Haddow.

Betty Adams — 621-5631

[email protected]

Twitter: @betadams


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