White River Junction
Thurston Twigg-Smith received a suspended six- to 12-month prison sentence on the misdemeanor charge in July 2015 and was placed on probation for two years, which is set to expire in July 2017.
Less than a year after he was put on probation, Twigg-Smith filed a motion in Windsor Superior Court seeking early termination.
“I have followed or met every condition of my probation,” Twigg-Smith wrote in the motion he filed in May. “I have been on probation since (July 17, 2015), and have proven that I meet the criterion based on my good conduct for early termination.”
He said he has completed court-ordered treatment and his probation officer is OK with the idea.
The state, however, is not, according to a motion filed in June by Windsor County Deputy State’s Attorney Heidi Remick.
To start, the victim and her family object to the idea and the state agrees with their concerns.
“They expressed concern that to discharge the defendant early would minimize the seriousness of this crime and the impact that it has upon (the girl),” the motion said. “Furthermore, in their opinion, the defendant already received a significant benefit at sentencing when the charge was amended from a felony to a misdemeanor.”
In addition, Twigg-Smith should be held to the terms of his plea agreement, which he willingly entered into, Remick wrote.
A court has the decision to terminate an individual’s probation early, but must show that doing so is warranted by “both the offender’s conduct and the ends of justice,” Remick’s motion said.
A Windsor Superior Court judge will hear the case at 2:30 p.m. on Monday.
Twigg-Smith’s case started in November 2014 when authorities said he inappropriately touched a Barnard teenager whom he knew. He originally faced a felony-level charge of lewd and lascivious conduct with a child.
He has expressed remorse for the incident.
Twigg-Smith, who grew up in Hawaii and moved to Barnard in 1971, has been a town official in Barnard and established Twin Farms, a luxury resort on Royalton Turnpike, in 1993.
He wasn’t required to register as a sex offender, per state law.
