SMETHPORT — A Bradford woman who caused the evacuation of Walmart in November when she entered the store with a gun under the belief that she was being followed was sentenced Thursday in McKean County Court.
Debra S. Faucher, 58, will serve 18 months of probation. Additionally, in lieu of incarceration, she will have to report five days a week for six weeks from 9:15 a.m. to 4:15 p.m. at an assigned community service site.
President Judge John Pavlock explained that he felt house arrest — which the plea agreement called for — was not a strong enough sentence for the fear of the victims in the incident, but that she would not be able to continue her mental health treatment in jail.
Faucher entered a guilty plea April 6 to one count of recklessly endangering another person, a second-degree misdemeanor.
Faucher pleaded guilty to allegations that on Nov. 16, she entered the stock area of Walmart in Foster Brook while holding a gun. During the incident, she accidentally touched a woman with the gun, putting people at the scene in fear.
Court records filed at the time of her arrest indicated she was suffering from mental health issues that day, and she came into the store asking for staff to call 911 because she believed she was being followed.
No one was injured in the event.
Pavlock noted that he received “numerous letters in support of the defendant, and a letter from one of the victims in the case.”
According to District Attorney Stephanie Vettenburg-Shaffer, a period of confinement was fitting in the case, and said, “It is believed that a period of house arrest would be the appropriate action,” said Shaffer, who explained she wanted Faucher to be able to continue her mental health treatment.
Depending on the circumstances, individuals are sometimes sentenced to house arrest.
She noted that during the incident, Faucher’s “gun accidentally touched the stomach of Mrs. Miller (one of the victims). Mrs. Miller “knows it was not intentional,” but the action “did cause strife in her life,” Shaffer said.
Shaffer noted she read to the victim some of Faucher’s apology letter that was to Pavlock because she felt it would be comforting to her.
The district attorney said she was in contact with Chief Tom Munn and Officer Shaun McDonald, both policemen with the Foster Township Police Department, who said their “primary consideration was to make sure Mrs. Faucher does not have access to firearms in the future.”
Faucher’s husband, Dr. Dennis Faucher, credited McDonald, who was the arresting officer, with protecting Debra Faucher by staying calm and not harming her — even though he was in a situation where his own life was at risk.
Attorney Greg Henry, who represented Faucher, noted that up until this incident, she had no criminal record, and “She was a good mother, good wife, fine neighbor, good citizen and outstanding professional.” The incident was “in no way indicative of the citizenship she had showed up until that time,” he said.
Henry noted Faucher was in a “very stressful position” at work “with matters that may or may not be taking place at BRMC.” He did not elaborate the point except to say she went to Walmart to go “somewhere she felt she needed to go for her safety.”
At the time she was first arrested, her husband indicated that she was employed as a nurse anesthetist through Gulfstream Anesthesia Consultants in Florida and was working as a contracted employee at Bradford Regional Medical Center. She had decided to resign because of workplace issues, but she was required to give 60-days notice, he said.
Henry told Pavlock he did not help Faucher write the letter she sent to him — that the “heartfelt, genuine and true” letter was her own words.
When Faucher was given the chance to speak on her own behalf, she said, “I am not used to public speaking and I expressed my thoughts in the letter.”
“This is a hard case — active shooter in Walmart,” said Pavlock, explaining that he couldn’t imagine being a police officer or citizen in the “extremely scary” situation.
Pavlock read a portion of Faucher’s letter aloud. She wrote she was “extremely grateful to the officers who responded for their bravery and perseverance that saved my life.” The officers’ “reassurance and their kindness” makes them “a credit to their occupation.”
At the same time, she made note in her letter those same traits make her worry about them, as there are situations that would be dangerous if they handled them the same way.
After reading from her letter, Pavlock said, “I often think of the mothers with children who had to evacuate Walmart,” describing the fear that the situation brought to many people. He explained he had to weigh that fear when ordering his sentence.
“Other people shouldn’t have to carry the burden of your stress,” he said.
Pavlock explained there is a gauge in his mind when reading letters on behalf of defendants who come to court, saying “There is a line where it goes from explanation to excuse.”
He said everyone deals with difficulties, and if she was facing stress at work that she could not handle, “It’s your personal duty to walk away.”
In reading letters from her advocates, “The needle came close but did not go into excuse,” Pavlock said.
While Pavlock said house arrest alone would not address the seriousness of the effect the incident had on people, he felt jail “could greatly affect the defendant’s rehabilitation.”
Also as part of her sentence, Faucher must write apology letters to the victims and officers, not enter Walmart and have no contact with Mrs. Miller.