State’s attorney to resolve DUI charge through Court Diversion

BURLINGTON – Grand Isle County State’s Attorney Doug DiSabito has agreed to participate in the Court Diversion program as an alternative way to resolve his off-duty arrest for driving while under the influence in Franklin County on April 14.

The veteran prosecutor broke his silence with the community in recent days with a posting on Facebook that outlined some of the stress – both personal and work-related — he said he was feeling at the time of his arrest.

His post noted it was a combination of a perfect storm – facing trauma in work and at home. DiSabito said in the Facebook post the job “has taken a serious toll on me.”

He went on to say, “In this job, you are exposed to the worst parts of humanity. You see horrific scenes. You read disturbing reports. You hear devastating stories. You endure images and facts that do not leave you when the day is over. Over time, that kind of repeated exposure to the trauma and suffering of others can deeply affect a person. That is what vicarious trauma is. And it changed me more than I allowed myself to admit.”

He added, “At the same time, I was facing serious personal hardship. My husband was battling a brain tumor. My mother passed away. And I had to make the painful decision to place my father in a nursing home. On top of that, I was receiving death threats against me and my family. Altogether, the weight became overwhelming.”
“Instead of asking for help, I tried to cope on my own. I made the mistake of trying to self-medicate with alcohol. That was wrong, and I take responsibility for it,” he told the community.

DiSabito, who has served as the county prosecutor since 2015, is running unopposed for re-election.

DiSabito, 57, of Alburgh was processed for suspicion of DUI when he appeared at the Vermont Superior Court while not working on April 14. He had stopped to confer with a
Franklin County deputy prosecutor and it was the day before starting an international vacation. Some court staff members thought he might have been under the influence.

Chief Deputy Sheriff Chad Miles opted to call the St. Albans Police about 4:32 p.m. to process DiSabito, court records show.

He provided a breath alcohol test of 0.084 percent, St. Albans Police said. A driver age 21 and older in Vermont is presumed under the influence at 0.08 percent.

With members of the court staff in St. Albans and the Franklin County State’s Attorney’s office as possible witnesses, the case was sent to Chittenden County State’s Attorney
Sarah George when the Attorney General’s Office declined to take it for undisclosed reasons, officials said.

Court Diversion or a deferred sentence is often offered in Chittenden and other nearby counties for first-time DUI cases, especially with a low BAC test, no accident and other considerations. Last year Judge John Pacht had noted that trend while presiding over the DUI case of Addison County State’s Attorney Eva Vekos, who received a deferred sentence in December in a case prosecuted by the Attorney General’s Office. 

In the DiSabito case, George made no offer to resolve the charge when he was arraigned on May 12 in Burlington. But it was just a matter of time before George would make a pitch to resolve the misdemeanor charge.

By coincidence or otherwise, the offer came after a woman affiliated with the state court system also was arrested on a DUI charge in Franklin County and was offered Court Diversion, records show. Her alcohol test was 0.184 and there was the smell of marijuana in her car, records show. Lamoille County State’s Attorney Aliena Gerhard was asked to resolve that case.

Successful completion of Diversion allows for the arrest to be wiped off a criminal record. The program, which started in the late 1970s in Vermont was initially for minor offenses by first-time youthful offenders. Prosecutors have expanded it to repeat offenders of all ages and for some felony cases.

DiSabito was due to have a court hearing next week in his DUI case, but that is no longer on the schedule.

He will lose his right to drive for 90 days due to a civil license suspension, officials said. 

DiSabito did not speak during his arraignment, which lasted less than five minutes. Longtime Burlington lawyer Karen Shingler, a former state prosecutor, is representing DiSabito.

St. Albans Police reported DiSabito had been visiting his father at the St. Albans Healthcare and Rehabilitation Center, about 2 ½ miles away from the courthouse.
Police said DiSabito denied having any alcohol drinks, but acknowledged he had taken two medically prescribed Xanex pills before driving to see his father. The drug is used to calm the nervous system during anxiety issues.

DiSabito, in his recent message to the community, noted, “I am not sharing this to ask for sympathy. I am sharing it because too many people in public service suffer in silence.

We ask prosecutors, law enforcement, first responders, and others to confront trauma every day, and too often we pretend that it leaves no mark. But it does,” he said.

“I struggled with vicarious trauma, occupational PTSD, grief, fear, and unhealthy coping. I am speaking about it now because the truth matters, and because no one should feel ashamed to ask for help.

“I also want to say that the response from the entire Grand Isle County community has been so positive, so supportive, and truly overwhelming. That kindness, compassion, and grace have meant more to me and my family than I can fully express. Strength is not denying pain. Strength is facing it honestly,” DiSabito wrote.

“I remain committed to healing, to accountability, and to serving with integrity. And I hope that by speaking openly, others will know they are not alone.”