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Northern State Correctional Facility successful Newport, Vermont (Department of Corrections).
A pistillate named Alicia M. Kelley is suing a Vermont constabulary serviceman aft helium allegedly issued a warrant for her apprehension for selling heroin that led to a fatal overdose.
The problem? He obtained a warrant for the incorrect Alicia M. Kelley.
Kelley filed the lawsuit successful Vermont's U.S. District Court connected June 30. According to the suit, the root of the mishap happened connected June 8, 2018, erstwhile a 21-year-old pistillate overdosed connected heroin successful the bath of a Dunkin' successful Brattleboro. She died 3 days later.
Brattleboro Police Department Sgt. Greg Eaton, who is the lone suspect named successful the suit, learned a erstwhile Dunkin' worker named Alicia M. Kelley sold the unfortunate the heroin that led to the fatal overdose. The cause woody was captured connected surveillance camera and a Dunkin' manager identified Kelley arsenic the suspect, the lawsuit said.
Nearly a twelvemonth later, successful May 2019, Eaton applied for and obtained a warrant for Kelley's arrest. Eaton allegedly utilized a Department of Motor Vehicle's database to place the incorrect Alicia M. Kelley. The women were calved astir 5 months isolated successful 1988. Kelley's lawyers allege Eaton "did not effort to corroborate that helium had the close day of birth" for the fishy nor comparison photos of the 2 women.
On July 13, 2022, immoderate 3 years aft the warrant was issued, the plaintiff Alicia M. Kelley, who was large astatine the time, was astatine her North Troy location with her 2 children and parents erstwhile deputies from the Orleans County Sheriff's Office arrived to spot her nether arrest.
Kelley "became distraught, panicked, and was brought to tears," the suit stated. Her parents told deputies determination indispensable beryllium immoderate mistake but their pleas did not alteration the outcome. The kids became "very upset," according to the lawsuit. The sheriff's bureau posted connected societal media astir the arrest, her lawyer Brian R. Marsicovetere noted.
Cops transported Kelley to Northern State Correctional Facility successful Newport connected a $25,000 bond. She spent the nighttime and a justice lowered her enslaved to $10,000 which her parents paid the time aft her arrest, the suit said. Once prosecutors realized the mistake, they filed a question to vacate each of her enslaved conditions. The Alicia M. Kelley allegedly liable for the cause overdose decease remains wanted, per plaintiff lawyers.
The suit is alleging unlawful seizure and is requesting unspecified punitive damages.
"Defendant's actions were willful, wanton, and with reckless disregard of Plaintiff's law and communal instrumentality rights arsenic a national of the United States and nonmigratory of Vermont," the suit said.
Eaton's lawyer did not instantly instrumentality a connection seeking comment. He declined remark erstwhile reached by VTDigger which first reported connected the suit.
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