White River Junction
Thomas Day violated his probation conditions in October by drinking and engaging in threatening behavior toward his ex-girlfriend, their son and himself, according to a ruling issued by Windsor Superior Court Judge Theresa DiMauro on Jan. 23.
In it, DiMauro said she found probable cause to believe Day violated three of his probation conditions: one related to alcohol consumption and another related to violent behavior. He also violated a third condition by smoking marijuana.
On Friday, DiMauro held a sentencing hearing on the probation violations and amended Day’s original sentence on an underlying manslaughter conviction to 2½ to 10 years. Because he already has served two years for the conviction, DiMauro handed him six more months, three of which he already has served since his October arrest. Upon completion, he will be eligible for furlough, Windsor County State’s Attorney David Cahill said.
“Day’s alcohol consumption at the time of the offense was ‘directly injurious to the welfare of the public’ and his alcohol consumption (in the October incident) was also directly injurious to the welfare of the public,” DiMauro wrote.
Day is accused of drinking on Oct. 17 and going “nose-to-nose” with his ex-girlfriend before pushing her into a door at her Vershire apartment, where he was living, DiMauro wrote. She wasn’t injured.
Day also allegedly yelled at their young child, saying something to the effect of “come here now, I mean it, or I’m gonna grab you and drag you here and I mean it,” according to DiMauro’s ruling. At one point, he also threatened to harm himself, a separate court document indicates.
October wasn’t the first time Day violated his probation, DiMauro wrote, adding that he admitted to violations in September.
Day pleaded guilty almost 10 years ago to a manslaughter charge in connection with the March 2007 death of Cory Manley.
Day had been drinking — Manley was not — at Day’s Quechee home when he grabbed his mother’s handgun and pointed it at Manley’s chest. He told Manley to trust him that nothing bad would happen, and then Day pulled the trigger, shooting Manley just below his heart.
Manley’s mother, Sue Baldacchino, declined to comment on Monday. Day’s public defender Jordana Levine said Friday’s hearing was “incredibly emotional” and “powerful.”
“Thomas spoke directly to Cory’s mom after I read his allocution for him,” Levine said. “That was the first time since his sentencing hearing that there was any type of exchange between them.”
He is serving his time at Southern State Correctional Facility in Springfield, Vt.
Jordan Cuddemi can be reached at jcuddemi@vnews.com.