Citizens typically not offered free defense in Vermont courts for misdemeanor charge
By Guy Page
A St. Johnsbury man who is a non-U.S. citizen was given a defense lawyer at public expense specifically because the Vermont Superior Court judge feared an adverse verdict could lead to his deportation.
As reported in today’s Caledonian-Record, a daily newspaper published in St. Johnsbury, Jeffrey Carrrasco, 52, of St. Johnsbury pleaded innocent Monday, July 8 in Caledonia County Superior Court to the misdemeanor charge of setting fires.
Firefighters responded to an October 6, 2023 fire in which Carrasco’s pickup truck and a home were on fire. According to police documents, Carrasco said he was trying to pull a VW Beetle out of the garage with the truck to save it from the fire. In fact, surveillance video shows he set fire to a pile of rags, which then spread and engulfed the truck and a residential building on Higgins Street. It is not known if the building was vacant or occupied at the time of the fire, or to whom it belonged.
The Caledonian-Record news report, written by Editor Dana Gray, describes how Carrasco received a public defender from Judge Michael Kainen at no cost to himself due to his non-citizen status for a charge that would not result in a public defender for a U.S. citizen:
“The potential maximum penalty for a conviction of the charge is minimal, and in this particular case, Carrasco would only be fined if convicted. In most fine-only cases, defendants are not given taxpayer-funded public defenders because the consequences of conviction are relatively minor. But in Carrasco’s case, Judge Michael Kainen decided differently because there’s a concern about how the case could impact Carrasco’s legal status to remain in the U.S. At the arraignment, attorney Brandon Sheffert from Davis Legal Solutions served as Carrasco’s attorney, and with the judicial decision Davis Legal is likely to remain as Carrasco’s legal counsel.”
Carrasco owns Carrasco Construction, a St. Johnsbury firm registered with the Vermont Secretary of State last fall. This is not the first interaction between Carrasco and Vermont law enforcement. He and his wife Carrie were arrested and jailed by the Vermont State Police in August, 2021 for having outstanding felony warrants out of Florida, according to a state police statement. Florida documents show he was charged with larceny – grand theft.
Carrasco’s specific status as a non-citizen is not clear, whether he has a ‘green card’ or other non-citizen status. He does appear to have a sizeable Vermont family. July 5 of 2021, game wardens rescued the Carrasco family when their boat went adrift on Lake Dunmore.