Embattled Addison County State’s Attorney Eva P. Vekos reached a tentative agreement Wednesday to end her 20-month legal battle over a driving while intoxicated arrest when she responded to a homicide to help police.

Under the proposal, Vekos will plead no contest to the DUI charge and will get a 90-day deferred sentence, Judge John Pacht explained.  It means the criminal conviction will be wiped off her record if she stays out of trouble for 3 months. 

Pacht ordered a pre-plea presentence investigation by the Vermont Probation Office to determine if the proposed sentence is appropriate.

No date has been set for the formal change of plea and expected sentencing.

Assistant Attorney General Rose Kennedy said she is free to argue for a stiffer sentence.  She said she did not fully agree to what had been discussed in chambers before the public hearing.

“To be fair, the state has a right to present its argument more fully and not coming out of a chambers conference,” Pacht said.

Kennedy, the former longtime Rutland County prosecutor, later declined comment outside the courtroom, noting the case was still pending.

She was accompanied by Assistant Attorney General Domencia Padula, chief of the criminal division and Assistant Attorney General Arthur Brown.

There were at least two private conferences in chambers with the lawyers and Pacht before the public hearing.  Pacht said it was only fair to inform the people that were waiting in the third-floor courtroom about what was discussed privately about resolving the case.  

The proposed 90-day sentence is subject to negotiation, Pacht said.   He said he was inclined to hear the sentencing arguments before he considers accepting the plea.  That way both sides will know how he is leaning for the deferred sentence. 

The court hearing Wednesday was scheduled to hear a pending motion from veteran defense lawyer David Sleigh of St. Johnsbury to try to have the DUI charge dismissed in the interests of justice.  He maintained Vekos had faced more punishment than most people charged with DUI.

Sleigh said his motion will remain pending in case the proposed plea deal falls through.

State Police Patrol Sgt. Eden Neary and Trooper Kelsey Dobson, who were involved in the arrest and processing of Vekos, were at the Edward J. Costello Courthouse for possible testimony about the motion.  

Pacht said the proposed settlement is in line with other first time DUI cases in Addison and Chittenden County that can end up going to Court Diversion program. 

Addison and Chittenden are among three known Vermont counties that allow DUI cases to go to Court Diversion and avoid the regular court process. He said those cases are typically resolved within 6 months and this case is coming up on two years. 

The judge noted Vekos had lost her driver’s license for six months and had undergone an intensive drinking and driving course and any required counseling.  He also noted Vekos had been released on court conditions at her arraignment and has followed all restrictions.

“My understanding from both parties is this is clearly not a slam dunk if it went to trial.  That it is a very triable case,” the judge said.

Pacht said it was likely that the trial would not happen until early next year because of the work schedule of the lawyers involved.

He said he would likely have more to say later if the plea agreement is executed.

Pacht said it is rare to get a presentence investigation report for a DUI case.

The DUI case and the fallout strained relations with local, county and state law enforcement agencies in Addison County, especially Vermont State Police.

State police later brokered an unannounced deal with the Vermont Attorney General’s Office to prosecute any felony cases investigated by their criminal division.  That agreement continues today, but it was unclear when it might end.  The AG has a large criminal division staff, and a limited number of cases filed each year.

Officials also have said there has been a large turnover in deputy prosecutors and victim advocates serving the office. 

Vermont State Police arrested Vekos after she appeared at a homicide scene in Bridport on Jan. 25, 2024.  Troopers and detectives said they detected an odor of intoxicants and possible slurred speech.

Vekos, 56, of Middlebury maintained she had one drink at home during a late dinner.

She refused to submit to Standardized Field Sobriety Tests meant to assess an individual’s level of impairment.  When taken to the state police barracks in New Haven, she refused to have her mugshot taken or her fingerprints collected.

Vekos initially pleaded not guilty in Vermont Superior Court in Middlebury on Feb. 12 to the DUI charge.  Chief Superior Court Judge Thomas A. Zonay ordered her case moved to Chittenden County.

First offense DUI is a misdemeanor and carries a potential sentence of up to two years in prison and a $750 fine.

Vekos, a Democrat, is in her first term after she was elected in November 2022. She took over a month later when her predecessor left a few months early to take a job in Rutland.

After her arrest, the Vermont Supreme Court took her law license for 12 days and she had to notify defendants she was prosecuting about the reason for the delay in their cases.

All but one senator in the Addison County legislative delegation signed a letter asking Vekos to step down.  

State police called Vekos to the residence of Stephen Nuciolo Sr., 44 on Swinton Road in Bridport after he was found dead on Jan. 25, 2024. His son, Stephen Nuciolo Jr., 18, was arrested on a charge of second-degree murder in April 2025 after an extensive state police investigation, officials said.