One charge dismissed in drug case
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By Brent Curtis Herald Staff - Published: March 28, 2008
A former correctional officer in Rutland who pleaded guilty last week to three drug offenses had a fourth drug charge against her dropped by the state this week, although prosecutors said the voided charge will still factor into her sentencing.
Sheri Ann Fitzgerald, 44, of Rutland, pleaded guilty last week to felony counts of possessing and selling cocaine as well as a misdemeanor count of possessing a narcotic.
A fourth charge for felony distribution of a narcotic remained scheduled for trial last week but was dismissed Tuesday by prosecutors from the Attorney General's Office.
No date has been set yet for sentencing on the other three charges.
Documents filed with the court when the fourth charge was dismissed indicate that while the distribution charge won't go to trial, it will be a factor at sentencing.
"The state intends to use evidence of the underlying criminal condition of this charge at sentencing," court documents say.
Assistant Attorney General John Treadwell said Thursday that prosecutors intend to use evidence for the distribution charge as a basis for enhancing Fitzgerald's sentence. Fitzgerald faces up to 16-1/2 years in jail for the three offenses she has pleaded guilty to.
Asked why the state decided not to drop the charge rather than go to trial, Treadwell said he couldn't comment on a pending case but would be able to answer the question after sentencing.
Treadwell said he also couldn't comment on the likelihood of Fitzgerald, a Department of Corrections employee since 1989, serving time in jail.
Fitzgerald, who most recently worked as a community corrections officer overseeing offenders in the community including those on furlough, was arrested after allegedly selling 3.4 grams of cocaine for $250 to a police informant who was on furlough.
She was arrested last year after a police-orchestrated drug deal behind the Proctor Library.
According to a police affidavit, Fitzgerald told police she was addicted to pain pills, and earlier in the day she had gone to a Rutland man's home to pick up three Tylox pills. She also told police the man gave her the cocaine to sell for $250, allowing her to keep $50 from the sale, the affidavit said.
Contact Brent Curtis at brent.curtis@rutlandherald.com.
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