RUTLAND — A current Pawlet Select Board member accused of beating and strangling a migrant worker on his West Pawlet dairy farm, then beating the migrant’s 15-year-old nephew who tried to intervene, has agreed to an alternative sentence, which does not allow go to prison a fine and possible community service.

Richard Hulett, 46, who runs Deer Flats Farm in West Pawlet, a sprawling dairy farm, signed the agreement just before he was to be arraigned on a single misdemeanor charge of simple assault stemming from the July incident. The agreement resolves the case without Hulett having to plead guilty in any way.

According to a police affidavit, a Vermont State Trooper responded to Deer Flats Farm at 1290 Route 30 in West Pawlet on July 3 after a migrant worker reported the assault to Migrant Justice, a rights organization. migrant farmworkers located in Burlington. He said Hulett assaulted him and his nephew while they were working and residing on his farm.

According to the report, Hulett arrived at their home on the farm while they were inside. Upon opening the door, Hulett allegedly grabbed the employee, Ulver Perez, and pulled him out. Once outside, Hulett allegedly threw him to the ground and punched Perez several times with a closed fist, then strangled him with his prosthetic hand while he was pushed against the front porch railing. The victim’s 15-year-old nephew, who also worked on the farm, came outside to try to intervene and Hulett allegedly punched him in the chest.

When asked why they believed Hulett attacked them, Perez claimed there was a misunderstanding: that they had a conversation about drugs with another worker. Hulett allegedly misinterpreted the conversation, believing that Perez had offered his son drugs and that he had them on him. According to the affidavit, the worker stated he never provided cocaine to Hulett’s son or had drugs inside the residence.

When police later interviewed Hulett, he told them that Perez, who only speaks Spanish, had pressured his eighteen-year-old son to drink alcohol and was offering him drugs. He reported that he went to confront Pérez and there were screams, but that the altercation never became physical. According to the affidavit, further police interviews with the young migrant worker revealed that he had witnessed the entire altercation but did not remember it being physical, according to police. Photos taken at the hospital revealed a cut on Perez’s lip and nostril and a scratch on his forearm, but no visual evidence of strangulation.

A diversion agreement is not an official ruling. It is a legal way to resolve an incident without a trial, an opening statement or admission of wrongdoing. Typically, prosecutors refer the defendant’s case. The defendant enters into an agreement with a local Restorative Justice Center. That agreement may include fines, possible treatment recommendations or community service. Once the agreement is fulfilled, the case is erased as if it had not happened and there is no record of the alleged crime. If the program is not completed as agreed, the case may be referred for further processing.

According to court documents, Hulett was accepted into the program on October 23. It is unclear what form the deal will take. When asked for comment, Rutland State’s Attorney Ian Sullivan declined, citing Vermont Statute that states diversion agreement programs must be confidential.

Hulett did not respond to requests for comment by press time Tuesday.

An email from Migrant Justice contained a statement from Pérez.

“I’m glad the case was sent to the restorative justice process,” Perez said. “I hope Richard tells the truth and that justice is done.”

A statement from the organization Migrant Justice reads: “We support the decision to refer this assault case to the Rutland County Restorative Justice Center. We believe transparency and public accountability are needed to repair the harm and ensure that Deer Flats Farm workers not live and work in fear of violence. The conditions that result in employer attacks on farmworkers in Vermont cannot be solved by punishing one person.”

Hulett, owner of Deer Flats Farm, currently serves on the Pawlet Select Board and is known as a business owner in the small community.