It took three years after acquiring an arrest warrant earlier than Vermont cops arrested a pregnant girl on fees that she offered heroin to a different girl who overdosed and died.
However the cops nonetheless obtained it flawed, arresting the flawed girl who shared the identical identify however totally different birthdate than the lady they have been presupposed to arrest.
Now the harmless girl they arrested, Alicia M. Kelley, has filed a lawsuit towards Brattleboro Police Lieutenant Greg Eaton who was a sergeant when he utilized for the warrant again in 2019 earlier than one other legislation enforcement company used the warrant to make the arrest in 2022.
Three years later, police have but to arrest the actual Alicia M. Kelley who was captured on video promoting heroin to a Dunkin’ Donuts worker inside the shop who was then discovered inside the lavatory with a needle in her arm.
The worker, Brianna Radcliffe, died three days later at an area hospital, in keeping with the lawsuit filed June 30 in federal court docket by Vermont lawyer Brian Marsicovetere.
The defendant (Eaton), on the time the arrest warrant utility was submitted, had entry to photos of plaintiff (Alicia M. Kelley) and (suspect) Alicia M. Kelley via not less than one of many following sources: Division of Motor Car license images; State of Vermont and municipal databases; The Vermont Division of Corrections and social media.
The defendant didn’t try to verify that he had the right date of start for Alicia M. Kelley earlier than he utilized for the arrest warrant.
The defendant by no means examined or in contrast a photograph of plaintiff to a photograph of Alicia M. Kelley that he recognized within the arrest warrant utility.
Though images of both girl aren’t publicly accessible, the actual suspect was born on Could 16, 1988, whereas the lady who ended up arrested was born on October 25, 1988, – an ignored element that led to the arrest of a pregnant harmless girl on felony fees.
The lawsuit accuses Eaton of violating Kelley’s Fourth Modification rights via illegal seizure when he wrote the flawed birthdate on the warrant utility.
Defendant engaged in willful of reckless conduct when he obtained a warrant for plaintiff’s arrest with out confirming that he had the right date of start for Alicia M. Kelley. No cheap police officer might justify such conduct below the circumstances.
As a direct and proximate reason behind mentioned conduct, plaintiff was unlawfully arrested and sustained lack of liberty, psychological anguish, humiliation, embarrassment, and bills to be confirmed at trial.
Botched Investigation
Radcliffe was discovered contained in the Dunkin’ Donuts lavatory with the needle in her arm on June 8, 2018 and Eaton, then a sergeant, started investigating the case.
Eaton reviewed surveillance footage from inside the shop exhibiting the drug transaction and the shop’s supervisor knowledgeable him that the lady promoting the medicine was a former worker named Alicia M. Kelley.
However the lawsuit states that Eaton didn’t apply for an arrest warrant till Could 20, 2019 which was accepted by a decide from the Vermont Superior Court docket the next day.
The lawsuit doesn’t clarify why it took Eaton nearly a yr to use for the warrant after studying the identification of the suspect however when he lastly did, he listed the birthdate of the flawed Alicia M. Kelley on his utility.
The lawsuit additionally doesn’t clarify why it took one other three years to serve the warrant on the flawed Alicia M. Kelley however she was residing in North Troy which is in Orleans County, greater than two hours away from Brattleboro which is in Windham County.
The lawsuit states that Orleans County Sheriff Jennifer Harlow and a deputy arrived at Kelley’s home on July 13, 2022, and arrested her in entrance of her dad and mom and two minor kids.
Kelley, who was visibly pregnant, turned “distraught, panicked and was dropped at tears,” the declare states.
Her dad and mom additionally turned upset, insisting there should be some mistake however Kelley was arrested and spent the night time in jail along with her bail set at $25,000.
Including insult to harm, the Orleans County Sheriff’s Workplace “posted an announcement containing particulars of the arrest on social media which was considered by members of plaintiff’s group.”
It was not till the next day that prosecutors realized the mistaken birthdate and dropped the fees towards Kelley.
“The state additional moved to change the date of start on the arrest warrant to replicate the right one for the Alicia M. Kelley who was and stays wished in reference to Ms. Radcliffe’s loss of life,” the declare states.
