New Hampshire Attorney General Joseph A. Foster announces that, earlier today, Daniel Fogg (age 27) of West Townsend, Vermont and Francis Mayhle III (age 25) of Peru, Vermont, both plead guilty in Cheshire County Superior Court to charges related to selling heroin that caused the death of Dakota "Cody" Kilburn (age 23) of Manchester Centre, Vermont.

Specifically, Mr. Fogg pled guilty to selling heroin with a death resulting, witness tampering and falsifying physical evidence, and Mr. Mayhle pled guilty to conspiracy to sell heroin and dispensing heroin with a death resulting; all charges related to Mr. Kilburn's death.

On November 17, 2015, Mr. Fogg was selling heroin from a residence in Chesterfield, New Hampshire. That afternoon, he sold heroin to Francis Mayhle III, who immediately dispensed the heroin to Dakota Kilburn. Mr. Kilburn ingested that heroin, suffered an acute intoxication from the heroin (overdosed), and was found unresponsive in his parents' home in Manchester Centre, Vermont early on November 18, 2015. He was pronounced dead shortly after his family called 911.

Mr. Fogg was sentenced to serve 6½ to 14 years in the state prison, stand committed, with one (1) year suspended from the minimum sentence for taking responsibility for his part in causing the Mr. Kilburn's death. He was also sentenced to two (2) additional state prison sentences related to the witness tampering and falsifying physical evidence charges. Those two sentences are fully suspended, and, if imposed, will run concurrent to each other and consecutive to death resulting sentence.

Mr. Mayhle was sentenced to twelve (12) months at the house of corrections, stand committed for conspiracy to sell heroin. He also received a suspended sentence of 4 to 8 years in the state prison for dispensing heroin that caused Mr. Kilburn's death. Both men were also ordered to pay restitution to the Kilburn family to cover costs associated with Mr. Kilburn's death.