Description: Rutland, Vermont criminal defense lawyer represented the Defendant charged with manslaughter.

The State of Vermont accused Stacy Vaillancourt with manslaughter as a result of the death of a 6-month-old Harper Rose Briar at her child care business in Rutland. The cause of death was said to be an overdose of a sedative.

Defendant pled not guilty and denied that she was the person who gave the deadly dose of sedative.

“Tragedies happen all the time. The death of a child is unimaginable, it is every person’s worst nightmare. But to find out that that happened because of another person because of their decisions is horrifying and to have justice hanging in the balance for years and years, I would attribute that to a lot of pent up frustration.” Ian Sullivan

“Harper was not sedated before she arrived at the defendant’s day care the day that she died. That means that if it is multiple doses, we’re talking about the time frame that Harper was at the defendant’s day care.” said Sullivan.

Vermont Manslaughter Statutes:

Title 13: Crimes and Criminal Procedure
Chapter 53: Homicide

§ 2301. Murder; degrees defined

Murder committed by means of poison, or by lying in wait, or by willful, deliberate, and premeditated killing, or committed in perpetrating or attempting to perpetrate arson, sexual assault, aggravated sexual assault, kidnapping, robbery, or burglary shall be murder in the first degree. All other kinds of murder shall be murder in the second degree. (Amended 1983, No. 23, § 1; 2018, No. 8 (Sp. Sess.), § 12, eff. June 28, 2018.)

§ 2302. Determination of degree

The jury by whom a person is tried for murder, if it finds such person guilty thereof, shall state in its verdict whether it is murder in the first or in the second degree. If such person is convicted on confession in open court, the court, by examination of witnesses, shall determine the degree of the crime and give sentence accordingly.

§ 2303. Penalties for first and second degree murder

(a)(1) The punishment for murder in the first degree shall be imprisonment for:

(A) a minimum term of not less than 35 years and a maximum term of life; or

(B) life without the possibility of parole.

(2) The punishment for murder in the second degree shall be imprisonment for:

(A) a minimum term of not less than 20 years and a maximum term of life; or

(B) life without the possibility of parole.

(3) Notwithstanding any other provision of law, this subsection shall apply only if the murder was committed on or after the effective date of this act.

(b) The punishment for murder in the first degree shall be imprisonment for life and for a minimum term of 35 years unless a jury finds that there are aggravating or mitigating factors which justify a different minimum term. If the jury finds that the aggravating factors outweigh any mitigating factors, the court may set a minimum term longer than 35 years, up to and including life without parole. If the jury finds that the mitigating factors outweigh any aggravating factors, the court may set a minimum term at less than 35 years but not less than 15 years.

(c) The punishment for murder in the second degree shall be imprisonment for life and for a minimum term of 20 years unless a jury finds that there are aggravating or mitigating factors which justify a different minimum term. If the jury finds that the aggravating factors outweigh any mitigating factors, the court may set a minimum term longer than 20 years, up to and including life without parole. If the jury finds that the mitigating factors outweigh any aggravating factors, the court may set a minimum term at less than 20 years but not less than 10 years.

(d)(1)(A) Before the court sentences a defendant for first or second degree murder, a jury shall consider the aggravating and mitigating factors set forth in subsections (e) and (f) of this section. The court shall allow the parties to present evidence and argument concerning the aggravating and mitigating factors and may empanel a new jury to consider them or conduct the hearing before the same jury that considered the guilt of the defendant.

(B) The parties shall file notice of intent to present evidence regarding specific aggravating and mitigating factors about which the parties have knowledge not less than 60 days before the hearing. A party may not present evidence on the presence of that aggravating or mitigating factor unless notice has been provided as required by this subdivision.

(C) The jury shall make findings concerning aggravating and mitigating factors and determine whether the aggravating factors outweigh the mitigating factors or the mitigating factors outweigh the aggravating factors. The findings shall be based on the evidence on the criminal charges presented to the jury at the sentencing hearing and at the trial.

(D) The burden shall be on the State to prove beyond a reasonable doubt the presence of aggravating factors or the absence of mitigating factors and to prove beyond a reasonable doubt that the aggravating factors outweigh the mitigating factors.

(2) After the jury renders a verdict on the aggravating and mitigating factors, the court shall allow the parties to present arguments concerning sentencing recommendations. The court shall make written findings of fact summarizing the offense and the defendant’s participation in it. The findings shall be based on the evidence taken at trial, the evidence presented on aggravating and mitigating factors at the sentencing hearing, and information from the presentence report. The court shall impose a sentence consistent with subsection (b) or (c) of this subsection and with the jury’s findings concerning aggravating and mitigating factors.

(e) Aggravating factors shall include the following:

(1) The murder was committed while the defendant was in custody under sentence of imprisonment.

(2) The defendant was previously convicted of a felony involving the use of violence to a person.

(3) The murder was committed while the defendant was engaged in the commission of, or in an attempt to commit, or in immediate flight after committing a felony.

(4) The victim of the murder was particularly weak, vulnerable, or helpless.

(5) The murder was particularly severe, brutal, or cruel.

(6) The murder involved multiple victims.

(7) The murder was random, predatory, or arbitrary in nature.

(8) Any other factor that the State offers in support of a greater minimum sentence.

(f) Mitigating factors shall include the following:

(1) The defendant had no significant history of prior criminal activity before sentencing.

(2) The defendant was suffering from a mental or physical disability or condition that significantly reduced his or her culpability for the murder.

(3) The defendant was an accomplice in the murder committed by another person and his or her participation was relatively minor.

(4) The defendant, because of youth or old age, lacked substantial judgment in committing the murder.

(5) The defendant acted under duress, coercion, threat, or compulsion insufficient to constitute a defense but which significantly affected his or her conduct.

(6) The victim was a participant in the defendant’s conduct or consented to it.

(7) Any other factor that the defendant offers in support of a lesser minimum sentence.

(g) Subsections (b)-(f) of this section shall apply only if the murder was committed before the effective date of this act, and:

(1) the defendant was not sentenced before the effective date of this act; or

(2) the defendant’s sentence was stricken and remanded for resentencing pursuant to the Vermont Supreme Court’s decision in State v. Provost, 2005 VT 134 (2005). (Amended 1965, No. 30; 1971, No. 199, § 15; 1979, No. 175 (Adj. Sess.), § 1, eff. April 29, 1980; 1981, No. 223 (Adj. Sess.) § 20; 1987, No. 60, § 2, eff. May 16, 1987; 2005, No. 119 (Adj. Sess.), § 2, eff. May 1, 2006.)

§ 2304. Manslaughter—Penalties

A person who commits manslaughter shall be fined not more than $3,000.00 or imprisoned for not less than one year nor more than 15 years, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 205 (Adj. Sess.), § 3.)

§ 2305. Justifiable homicide

(a) If a person kills or wounds another under any of the circumstances enumerated below, the person shall be guiltless:

(1) in the just and necessary defense of the person’s own life or the life of any other person;

(2) if the person reasonably believed that the person, or any other person, was in imminent peril and that it was necessary to repel that peril with deadly force in the forceful or violent suppression of a person attempting to commit murder, sexual assault, aggravated sexual assault, burglary, or robbery; or

(3) in the case of a law enforcement officer as defined in 20 V.S.A. § 2351(a) using force in compliance with 20 V.S.A. § 2368(b)(1)–(2) and (5) or deadly force in compliance with 20 V.S.A. § 2368(c)(1)–(4) and (6).

(b) This section shall not be construed to limit or infringe upon defenses granted at common law. (Amended 1983, No. 23, § 2; 2019, No. 165 (Adj. Sess.), § 2, eff. July 1, 2021; 2021, No. 27, § 4, eff. Oct. 1, 2021; 2021, No. 95 (Adj. Sess.), § 1, eff. April 21, 2022.)

Outcome: Defendants was found guilty.

Plaintiff's Experts:

Defendant's Experts:

Comments: