BURLINGTON, VT – The court here in Chittenden County Superior Court last Thursday delayed a decision on whether an accused should be jailed, or allowed to enter drug treatment court after the accused blamed life events – deaths in the family, including the accused’s child – for failures in treatment court previously.
Deputy District Attorney Andrew McFarlin was opposed to treatment court, citing concerns of past failures to appear, despite the accused stating their desire to stay clean.
The accused explained that when they were in treatment court in 2023, their one-year-old daughter had passed away, as well as their sister, and their romantic partner. The accused explained that they spiraled mentally and had multiple suicide attempts.
“I gave up. I didn’t know what to do,” the accused stated.
Since then, the accused described reflecting on their actions and wants to be there for the family they do have left. Additionally, the accused explained how their father’s health is deteriorating, and that they did not want to be in prison when he died.
Further, the accused noted they had recently suffered a heart attack when in prison, and had concerns about their own health, noting, “My body is shutting down.”
The accused explained how they feel they can now stay sober after trying to get clean before prison. They additionally mentioned they have a safe and sober living situation with their father if they were to be released.
“I don’t want to get high or drink anymore,” the accused stated.
However, DDA McFarlin again noted concerns about the accused’s past history in treatment court, and failure to attend every check-in, drug test, and court hearings.
Deputy Public Defender Stacie Johnson said this may be the accused’s last chance to get sober.
Judge Kevin Griffin followed up with concerns with the treatment court regarding unresolved charges against the accused, noting that half of these were felony charges, and one was from a neighboring state, possibly making the accused not qualified for treatment court.
Judge Griffin said the court would make a ruling at a later date.
