BENNINGTON, Vt. (WCAX) – Murder charges have been dismissed against a Bennington man accused of murdering his girlfriend in 2019.
Deven Moffitt pleaded not guilty in 2022 to the murder of Jessica Hildebrandt, 43, of Ballston Spa, New York. He was scheduled for a 10-day jury trial starting this week but the Bennington Banner reports that in an unexpected turn of events, prosecutors dismissed the case without prejudice due to an error by prosecutors and the medical examiner. In a hearing last week it was revealed that the remains found in Searsburg in 2020 were never officially certified as Hildenbrandt and that DNA was not matched to her.
According to court paperwork, Moffitt and Hildenbrandt were in a relationship while Moffitt was in jail. In March 2019, four months before the murder, authorities say Hildenbrandt sent an email to the Windsor County State’s Attorney’s office saying she feared for her life if Moffitt was released. He was released in July of that year and police say Hildebrandt was murdered one week later.
Prosecutors say they believe additional forensic testing will confirm Hildebrandt’s identity and that they will refile the murder charges if needed.
Moffitt was convicted in May on federal gun and drug charges and remains in custody pending sentencing in that case.