A Vermont woman, Alicia M. Kelley, has filed a lawsuit against a local police officer, accusing him of wrongfully arresting her based on a mistaken identity.
The arrest, which occurred in front of her children and parents, stemmed from a warrant issued for a different woman with the same name, leading to significant distress and legal complications.
The Mix-Up and Arrest
The incident began in 2018, after a fatal heroin overdose occurred at a Dunkin’ in Brattleboro, Vermont. The victim, who had overdosed in the bathroom, died three days later.
The police investigation led them to a former Dunkin’ employee named Alicia M. Kelley, who was allegedly involved in selling the heroin to the victim. Surveillance footage from the store and a manager’s identification pointed to Kelley as the suspect.
However, in May 2019, Brattleboro Police Department Sgt. Greg Eaton mistakenly applied for an arrest warrant for the wrong Alicia M. Kelley. The women share the same name and were born only five months apart in 1988.
Kelley’s lawyers argue that Eaton failed to confirm the suspect’s date of birth or compare photos before seeking the warrant. Despite these obvious discrepancies, the warrant was issued.
The Arrest and Emotional Fallout
On July 13, 2022, nearly three years after the warrant was issued, deputies from the Orleans County Sheriff’s Office arrived at Alicia M. Kelley’s North Troy home, where she was pregnant and living with her children and parents.
Despite her family’s insistence that there was a mistake, Kelley was arrested and taken to Northern State Correctional Facility in Newport, Vermont. The arrest was publicly posted on social media by the sheriff’s office, further escalating the situation.
Kelley, who was distraught and in tears, spent the night in jail. Her bond was initially set at $25,000, later reduced to $10,000, which her parents were able to pay.
After prosecutors realized the mistake, they filed a motion to vacate the bond conditions. Kelley’s lawyers argue that the wrongful arrest violated her constitutional rights, and the lawsuit seeks unspecified punitive damages.
Lawsuit Claims and Legal Actions
The lawsuit, filed in Vermont’s U.S. District Court on June 30, claims unlawful seizure and reckless disregard for Kelley’s rights. The suit accuses Sgt. Eaton of acting “willfully, wantonly, and with reckless disregard” for Kelley’s rights as a U.S. citizen.
It also highlights the emotional toll the wrongful arrest had on Kelley and her family, particularly as it occurred in front of her children.
While the alleged drug-dealing Alicia M. Kelley remains a fugitive, the focus of the lawsuit is on the wrongful arrest and the harm caused by the police’s mistake.
This case highlights the risks of mistaken identity in law enforcement, particularly when essential checks are not conducted before issuing arrest warrants. Alicia M. Kelley’s wrongful arrest has led to emotional distress, legal battles, and a fight for justice as she seeks accountability for the officers involved.
