BURLINGTON, Vt. — April 28, 2025 — At a status conference Monday in Chittenden County’s Costello Courthouse, the Vermont Department of Corrections (DOC) opposed a defense motion to refer an individual with reported mental health issues to treatment court. Despite the court agreeing to order a mental health evaluation, the accused will remain in custody until the results are returned—pushing their detention past the one-year interim period allowed for their charges.
The individual faces two misdemeanor counts: reckless endangerment and unlawful mischief involving property damage over $250.
Before the hearing began, Defender General Staff Attorney Sandra Lee conferred with State’s Attorney Kelton Olney about the case. Lee indicated she would request an outpatient competency evaluation, citing the accused’s serious mental illness and possible autism.
During the hearing, Lee noted that the DOC opposed treatment court but had not provided a reason. She argued for a competency evaluation, emphasizing that her client has already spent a year in custody—longer than the maximum sentence for the charges.
Lee said the accused was not making rational decisions regarding a potential plea agreement and that a competency evaluation should occur before any deal with the prosecution is considered.
Judge Timothy C. Doherty asked whether a competency evaluation had already been completed. “Not in this case,” Lee responded.
Olney did not object to the evaluation request but reiterated that the accused is serving a one-year interim sentence, the maximum allowable for the charges. Regardless of the evaluation’s outcome, Olney said, the accused would remain incarcerated.
Judge Doherty granted the request for an outpatient competency evaluation and postponed scheduling the next hearing until the evaluation is complete.
