Brattleboro Man Sentenced for Drug Dealing Linked to Overdose Death

His guilty plea will result in 3-5 years in prison and a 10 year probation period.

A Brattleboro resident has been sentenced for his role in selling fentanyl to an individual who subsequently died from an overdose. Kevin McGirr, 44, entered a guilty plea in Windham Superior Court, Criminal Division, for charges related to the distribution of fentanyl and cocaine. The plea deal resulted in a prison term of three to five years, with only three years required for incarceration, alongside a ten-year probation period.

The drug sales took place in two separate incidents, one in July 2024, involving the sale of two bags of fentanyl to a 19-year-old local resident who died shortly after. Toxicology reports indicated the presence of fentanyl, among other hazardous substances, yet the medical examiner did not attribute the death solely to the fentanyl sold by McGirr. The second incident occurred in September 2024, during which McGirr sold ten bags of fentanyl and one gram of crack cocaine for $160.

A deputy state's attorney remarked on the severity and tragic nature of the case as the victim's family expressed profound grief in court. A slideshow depicting memories of the victim's life was displayed, eliciting an emotional response from McGirr, who chose not to make a statement when given the opportunity.

The victim’s father articulated the deep sorrow and frustration his family now faces, highlighting feelings of anger over the circumstances of his son’s death and the perceived failures of the justice system. He conveyed a desire for McGirr to seek forgiveness and reflect on the consequences of his actions.

McGirr's defense attorney described the negotiated settlement as a fitting outcome, aiming to provide the victim’s family with closure while also establishing a structured supervision plan that would carry significant penalties for any future violations of probation.

The presiding judge viewed the sentence as the most suitable given the charges, emphasizing that such cases involving simple fentanyl sales typically do not incur heavy prison terms. He commented on the absence of any sentence that could restore the victim’s life, indicating that the emotional impact of the case was profound.

The judge also expressed hope that McGirr's visible emotional response indicated genuine remorse for the events that transpired and encouraged him to consider how to lead a better life moving forward.