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Killer of transgender man gets no more jail time due to deputy’s error

A three-day murder trial came to an abrupt end Thursday when a plea agreement was reached in the 2022 killing of Fern Feather, a 29-year-old transgender person, after a judge ruled that improper conduct by a Lamoille County Sheriff’s deputy had tainted the proceedings, according to reporting by WCAX. 

In an April 17 broadcast, WCAX reported that Seth Brunell, 46, originally charged with second-degree murder in the fatal stabbing of Feather, pleaded guilty to voluntary manslaughter and an unrelated attempted escape charge. Under the terms of the deal, Brunell will serve no additional jail time and will be released under a 10-year probation sentence, including GPS monitoring. Any violation could lead to a four-to-10-year prison term.

Mother of Fern Feather talks to his killer, Seth Brunell, in Hyde Park court house yesterday. Screenshot from WCAX footage.

The plea followed revelations that two deputies, including Deputy Christopher Turner, questioned Brunell during a transport from court to prison — a conversation that was recorded on Turner’s body camera. Judge Mary Morrissey said Turner’s repeated questioning, particularly about Brunell’s fear and potential self-defense claims, amounted to eliciting testimonial evidence outside the presence of counsel.

“A deputy asks, ‘What were you scared about? What were you scared about?’ — repeated — which would be a direct element in terms of a self-defense type claim,” Judge Morrissey said in court, concluding the conduct jeopardized Brunell’s right to a fair trial.

Both the prosecution and defense decried the deputy’s actions. “We believe it was in the best interest of the family to have a conviction and to have supervision for a decade,” said Lamoille County State’s Attorney Ailena Gerhard. Defense attorney Jessica Burke echoed that sentiment, calling the situation a “sad day for Vermont” and emphasizing the need for systemic changes to ensure justice is protected in future cases.

Feather’s family, visibly emotional, voiced deep frustration with the outcome.

“You were able to end his life, but you will never be able to extinguish the light that he brought into the world,” said Fern’s mother, Lisa Barbeau, in a statement to the court. “The only reason you’re getting out now is because of the gross negligence of the Lamoille County Sheriff’s Department — because you are a murderer.”

While Fern identified as transgender, family members told WCAX she used all pronouns.

Brunell also addressed the courtroom, apologizing to Feather’s family. “We don’t know what happened that day, and there’s no excuses, and that’s not a sickness I’d wish on anybody. I’m sorry for what happened that day, and I don’t expect any forgiveness,” he said.

In addition to the manslaughter conviction, Brunell admitted guilt in a 2023 attempted prison escape. His sentence credits the three years he’s already served in custody. Any violation of his probation could trigger the suspended prison term.

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