A Washington County man who had been facing a murder charge has reached a plea deal with prosecutors and been released from jail weeks after a judge declared a mistrial in his case.
Donnell Dana, 40, pleaded guilty to one count of hindering apprehension Monday in Washington County Superior Court. The state agreed to dismiss the murder charge and reduce the hindering charge to a misdemeanor conviction if Dana commits no crimes and completes substance use disorder counseling over the next year.
Dana was accused of helping kill Kimberly Neptune in her Pleasant Point apartment in April 2022. Neptune, who was 43, had been stabbed hundreds of times and was found wrapped in a blanket in her apartment on April 21, 2022.
Dana was tried in December on a murder charge but the jury could not reach a verdict after three days of deliberations.
His co-defendant, Kailee Brackett, 39, was convicted of depraved indifference murder and is scheduled for sentencing on Feb. 26. Her attorney, David Bate, said Tuesday that he plans to appeal her verdict but did not comment on what sentence he is seeking.
Assistant Attorneys General Donald Macomber and Leane Zainea did not respond to messages through a spokesperson asking to discuss how the plea agreement came together. Dana was released from jail Monday on personal recognizance, according to a courthouse clerk.
Dana’s attorney, Jeff Silverstein, did not respond to messages asking about the plea agreement and the state’s allegations against his client.
The state’s case against Dana relied heavily on witness statements, according to a police affidavit.
According to court records, Dana had told one woman and her parents that he was involved in Neptune’s death and that it was a planned drug robbery. That witness told police that Dana said he beat Neptune’s face with his fists and “he went overboard by accident,” according to a police affidavit.
Dana allegedly told the witness that “police just needed to charge him” and “he didn’t know why he hadn’t been arrested,” the affidavit states. Dana said he was jealous of Neptune and Brackett’s relationship. Dana and Neptune had lived together for a couple of years prior to 2021; Dana and Brackett had a son together.
But in two interviews with police, Dana denied killing Neptune. He told officers that he was on several medications and he couldn’t fully remember where he had been that night “but to his recollection he was at his mom’s the entire night,” the document states.
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