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Kadamus Receives Deferred Sentence

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St. Johnsbury - October 20, 2009

Kevin Kadamus, 45, was sentenced in Caledonia District Court Monday afternoon to three years in prison, all deferred, after Judge Howard VanBenthuysen accepted a plea agreement in the case.

Kadamus accidentally shot and killed his 17-year-old son Jacob as the two hunted turkeys off South Wheelock Road in Wheelock. The shooting occurred at about six a.m. May 1, the first day of the turkey hunting season.

Judge VanBenthuysen accepted the plea agreement negotiated by Caledonia County State's Attorney Lisa Warren and Kadamus' defense attorney, David Sleigh. Kadamus pleaded no contest to involuntary manslaughter Aug. 18.

Judge VanBenthuysen urged Kadamus to go forward and "heal yourself, help others." He told Kadamus "to find something good in this and go forward so something positive will come out of all of this."

Caledonia District Court

Kevin Kadamus is a highly regarded, well respected member of the Lyndon community and his son was a popular student at Lyndon Institute.

At his arraignment on July 6, his family and friends filled the courtroom as a show of support.

During Monday's sentencing, both Warren and Sleigh accepted the Vermont Department of Corrections presentencing investigation and report. The report and sentencing recommendation are considered confidential and the corrections department findings were not revealed.

Speaking for the state, Warren told the court "it was clear Kadamus thought he was shooting a turkey," but he had a duty to ensure he was shooting a lawful target.

She said his behavior constituted a gross deviation from a standard of care, the required finding for a charge of gross negligence. She said Kadamus had accepted responsibility for the shooting and told Judge VanBenthuysen the charge of involuntary manslaughter and the plea agreement are "the appropriate societal response."

She told the court that Kevin Kadamus was "not just the defendant. He's the victim of his own crime."

Warren reviewed the circumstances and sentencing in other hunting accident cases and summarized her support of the present sentence as tailored to the nature and circumstances of the crime.

Sleigh said he believed the courts were inconsistent in deciding the definitions of simple negligence versus gross negligence and indicated he believed Kadamus' accident was a case of simple negligence. He said that his client wished to resolve the legal proceedings.

Kadamus, offered an opportunity to address the court, declined to speak on his own behalf.

VanBenthuysen told the defendant, "Justice is at its best when it is tempered with mercy." He said he hoped the sentence would act as a deterrence and reinforce the importance of identifying a target before shooting.

VanBenthuysen imposed a three-year deferred sentence. Kadamus, who was not jailed at the time of the offense and who remained free on conditions following his arraignment, will not serve a day in jail. He will be on probation for three years and must comply with 16-standard conditions of probation. He must also comply with five special conditions imposed in his deferred sentence.

Kadamus must perform 150 hours of community service and must complete the community reparative board program. He must not purchase or possess weapons, including conventional firearms, black powder weapons, muzzle loaders or archery equipment.

Kadamus must not apply for a Vermont hunting license for a period of 10 years and must complete a hunter safety course approved by Vermont within the three-year deferment period.

If Kadamus complies with the conditions of his deferred sentence agreement, his felony conviction will be erased and there will be no record of his conviction. If Kadamus violates his probation, then he will sentenced on the original conviction.

The charge of involuntary manslaughter is a felony charge carrying a minimum sentence of not less than one year or a maximum sentence of not more than 15 years, a maximum fine of $3,000 or both.

James Jardine, Staff Writer, Caledonian Record