Calais caregiver faces neglect charges in death
Toolbox
By Sarah Hinckley Times Argus Staff - Published: November 4, 2008
MONTPELIER — In the months since 47-year-old Jean Lemire of Calais died of hypothermia and alleged neglect by her caregiver, police and state Protective Services investigators have pieced together what they believe happened in the Calais home that led to her death.
When Vermont State Police arrived at Julie A. Davis's George Road home on Aug. 9, they found Lemire unconscious and partially dressed. She was transported to Central Vermont Medical Center and pronounced dead, according to police.
State Police began an investigation into the incident and were joined by Adult Protective Services, a department within the Agency of Human Services.
Davis, 45, is now facing charges of abuse and neglect of a vulnerable adult by a caregiver, a crime that is punishable by 15 years in prison and/or a $10,000 fine. According to a police report released after the charges were filed on Oct. 31, Davis was charged with neglect for failing to provide medical attention, food, drink and shelter to Lemire for six days, which resulted in her death.
As a person with developmental disabilities, Lemire had attended a school that specialized in providing care and education to children and adults with disabilities in Massachusetts until her graduation in 1981. She was involved in the Special Olympics and recently employed at a restaurant in Ascutney, according to her obituary.
Her tenure in Davis' care began last spring, according to police.
Vermont State Police were called to the Davis residence on Aug. 9, and were assisted by local rescue agencies. The house, according to investigating officer Lt. Brian Miller, was tidy and well-kept. He points out that the neat condition may have been an indication of Lemire's lack of residency inside the house throughout the week leading up to her death.
"Many of these consumers are very difficult to work with," said Miller, using the official term for people in need of constant care. "There were things that (Davis) could have done to prevent what happened … She did attempt to feed her but (Lemire) would refuse to eat. (Davis) did attempt to clothe her, but (Lemire) would take her clothes off … She wasn't able to ascertain what was going on and ask for the proper assistance."
According to one medical site, hypothermia occurs when more heat leaves the body than the body can produce. Loss of mental and physical abilities can be some of the signs and symptoms of hypothermia, which develops after prolonged exposure to cold air or cold water temperatures. Although this medical site says that for most people hypothermia is not a serious risk, nearly 700 people in the United States die from it each year.
This summer was one of the soggiest on record for some parts of central Vermont. The wet, rainy weather may have contributed to the condition that ultimately killed Lemire, according to Miller.
"She technically was alive" when emergency agencies arrived at the Calais house, he said. "The cause of death was clear from the beginning."
Davis had cared for others at the house in Calais, according to Miller. With previous residents and with Lemire, there were never any complaints to police from neighbors, he added. There were no signs of physical abuse, according to police. They also reported that there were no indications of substance abuse by Davis.
Most of Lemire's family lives in the Springfield area and her care agency was Lincoln Street Inc., based in the southern Vermont town. Lincoln Street is a specialized service agency, according to Joan Senecal, commissioner of the Department of Disabilities, Aging and Independent Living. A specialized service agency can provide service throughout the state, she explained about Lemire being placed in a home more than two hours from Springfield.
Caregivers receive a monthly, tax-free stipend for having a "consumer" in their care full time.
"They're pretty much the 2-4/7 living environment for that individual," said Senecal, noting that caregiver qualifications are up to the agency through which they are contracted.
Washington County State's Attorney Thomas Kelly said a case like this is somewhat rare. There is one other case of neglect or abuse of a vulnerable adult by a caregiver in the Washington County office, but it is not a death case, he said.
Davis is scheduled to appear in Washington County District Court on Dec. 4 to answer to the charges.
Calls made to Lincoln Street Inc. were not returned. A member of Lemire's family, who was contacted, said the family was not commenting on the incident.
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