AUBURN — A judge said Tuesday that a Buckfield man charged with murder and manslaughter in the 2020 death of his 2-month-old daughter is allowed to visit relatives — including children under 6 years old — during Thanksgiving.
Androscoggin County Superior Court Justice Harold Stewart II said Trevor Averill, 28, who is free on $25,000 cash bail, could attend family Thanksgiving festivities where young children are present as long as his contact is between the noon and 2 p.m. and is supervised by the child’s parent.
Averill’s bail includes conditions, including supervision by Maine Pretrial Services, as well as no contact with any children younger than 6.
A motion filed this week by Averill asked that supervised contact be allowed between 8 a.m. and 10 p.m. on Thanksgiving and Christmas Day with three specific children.
Defense attorney Jeffrey Wilson said Averill has a large, supportive family who lives locally and gathers on holidays.
Wilson disclosed to the judge Tuesday the names of the children and their parents, as well as promising to disclose the address of the gathering so outside supervision could take place if needed.
Assistant Attorney General Lisa Bogue objected to Averill’s original motion, saying it hadn’t included the location of the gathering or the names of parents who would supervise the contact.
The motion also failed to specify Averill’s relationship to the three children, Bogue said.
She noted Averill’s bail had been dropped from $50,000 to $25,000 “with some very specific conditions and those included no contact with children under the age of 6. And if we continue to erode those conditions, then you might as well not have any conditions.”
Wilson told the judge the three children were Averill’s niece, nephew and a second cousin.
It was Averill’s concern over the possibility of violating that condition of his bail that he raised the issue with his attorney, who then filed the motion, Wilson said.
Bogue said the allegations are that Averill “murdered his child (and that it) happened while there was another person in the home. And there are allegations that the child suffered abuse on more than one occasion. So, given the fact that that is what he stands charged with, the state just cannot in good conscience agree that the defendant have contact with any kids while this case is pending.”
Stewart said he would allow limited supervised contact on Thanksgiving, but said he would wait until after that holiday to consider the request for a similar exception to the bail conditions on Christmas Day.
Averill pleaded not guilty in September to the charges of depraved indifference murder and manslaughter in the death of his daughter, Harper Averill, who was born April 30, 2020.
Averill lived on North Parish Road in Turner last year with his daughter and her mother at the time police allege the incident occurred.
Early on July 22, 2020, the Androscoggin County Sheriff’s Office responded to that home for a report of a 2-month-old infant in medical distress. Deputies performed CPR and assisted rescue personnel with the child, who was taken to Central Maine Medical Center in Lewiston for treatment, but was later taken by LifeFlight to Maine Medical Center in Portland, where she died from her injuries.
Averill was indicted on the two charges by a grand jury in September. He was arrested a short time later at his Buckfield home where Wilson said Averill is living with his deceased daughter’s mother.
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