2 Vt. Men Plead Guilty to Selling Heroin that Caused Dakota Kilburn’s Death

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Dakota Kilburn

KEENE – New Hampshire Attorney General Joseph A. Foster said Daniel Fogg, 27, of West Townsend, Vt., and Francis Mayhle III, 25, of Peru, Vt., both pled guilty in Cheshire County Superior Court on Tuesday to charges related to selling heroin that caused the death of Dakota “Cody” Kilburn, 23, of Manchester Centre, Vt.

Fogg pled guilty to selling heroin with a death resulting, witness tampering and falsifying physical evidence, and Mayhle pled guilty to conspiracy to sell heroin and dispensing heroin with a death resulting; all charges related to Kilburn’s death.

On Nov. 17, 2015, Fogg was selling heroin from a residence in Chesterfield, N.H. That afternoon, he sold heroin to Francis Mayhle III, who immediately dispensed the heroin to Dakota Kilburn. Mr. Kilburn ingested that heroin, suffered an acute intoxication from the heroin (overdosed), and was found unresponsive in his parents’ home in Manchester Centre, Vt., early Nov. 18, 2015. He was pronounced dead shortly after his family called 911.

Fogg was sentenced to serve 6 1/2 to 14 years in state prison, stand committed, with one year suspended from the minimum sentence for taking responsibility for his part in causing Kilburn’s death. He was also sentenced to two additional state prison sentences related to the witness tampering and falsifying physical evidence charges. Those two sentences were fully suspended, and, if imposed, would run concurrent to each other and consecutive to the death resulting sentence.

Mayhle was sentenced to 12 months at the house of corrections, stand committed, for conspiracy to sell heroin. He also received a suspended sentence of 4 to 8 years in state prison for dispensing heroin that caused Kilburn’s death. Both men were also ordered to pay restitution to the Kilburn family to cover costs associated with Kilburn’s death.

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