A judge has ruled that Waldo County must provide Midcoast Villager with some of the documents it requested concerning law enforcement responses to the Frankfort home of the man accused of killing Sunshine “Sunny” Stewart prior to her death.
Justice Daniel Mitchell issued his ruling Tuesday in the state court in Kennebec County.
Justice Mitchell said a police report dated Jan. 4, 2023; a list of calls to the location; and an audio recording from that Jan. 4, 2023, response are to be provided to the news organization.
The judge ruled a Maine Department of Health and Human Services record, and a police record from Aug. 13, 2023, are confidential and are not to be turned over to Midcoast Villager.
Waldo County has 14 days to provide Midcoast Villager with an estimate of when it can provide the documents and with a cost estimate. Some information in the records to be turned over will be redacted to exclude names other than Deven Young and other information such as dates of birth, telephone numbers and driver’s license numbers.
Young has been charged with murder in the July 3 death of Stewart on Crawford Pond in Union. The criminal case remains sealed until the court determines whether Young is competent to stand trial. That determination is likely to be made during the first quarter of 2026. If Young is found competent, the criminal case will be unsealed.
The Maine attorney general’s office has sought to have the case transferred to adult court. Young was 17 at the time of the death of Stewart. But Young turned 18 in September. This issue is important because if Young is tried as an adult and convicted, he would face a minimum of 25 years in prison and up to life in prison. If tried as a juvenile, he could be sentenced to juvenile detention until he turned 21 years old, meaning a maximum of three years.
Mitchell said after he reviewed the Jan. 4, 2023, police record he determined it met the exception to the confidentiality of investigative records because of the significant public interest in the matter.
He said the court was not tasked with determining whether authorities missed an opportunity to have prevented the death of Stewart but that the January 2023 police record should be released because it would enhance public knowledge of how law enforcement and other agencies responded.
Midcoast Villager reporter Stephen Betts initially requested police records July 21 related to any calls to Young’s home in Frankfort. After denials, Midcoast Villager filed the court appeal on Sept. 19 seeking the records.
The Villager is represented by attorneys Sigmund Schutz and Alexandra Harriman of Portland-based law firm Preti, Flaherty, Beliveau. The county is represented by attorney John Hamer of the firm Rudman Winchell in Bangor.
The county had contended the records were not public under state law because they involve “intelligence and investigative record information.” Release of such information would “interfere with law enforcement proceedings relating to crimes,” the county contended. Waldo County’s court filing also argued the information is confidential by law because it involves “public dissemination of prejudicial information concerning an accused person or concerning the prosecution’s evidence that will interfere with the ability of a court to impanel an impartial jury.” The county further argued the release of the records could also violate personal privacy of individuals, the county contends, and noted state law prohibits the release of any records related to Child and Family Services by the Maine Department of Health and Human Services.
Stewart’s killing attracted national attention and made many midcoast residents reconsider their personal safety. Young’s name was initially released by the court at the request of the Villager when the teen made his initial court appearance for the murder. At the July 18 hearing, Young entered a denial to the murder charge.
But the court records have all since been sealed because the defense has asked for a competency determination for Young, who was a juvenile at the time of the killing. Until the court makes a determination on his competency, there will be no public information from the court.
The Villager then requested information on any calls to Young’s Frankfort home in the 2 1/2 years prior to the murder.
“The records requested by the Midcoast Villager might shed light on whether there was an opportunity for law enforcement or other relevant Maine authorities to have intervened in a way that could have prevented the murder of Ms. Stewart,” the Villager appeal of the sheriff’s office’s denial stated.
This story appears through a media partnership with Midcoast Villager.