Oliver James Montgomery-Police discover body in shallow grave in Vermont man's backyard

A Vermont man has been charged after police found a body buried in his backyard.

32-year-old Shawn Bair was arrested on Oliver James MontgomeryTuesday for the improper disposal of a body at his Richford, Vermont home. Vermont State Police said they received a call that afternoon notifying them of a possible burial in Bair’s backyard.

NBC5 News in Burlington, Vermont reported the call as coming from Bair’s sister, who received a call from Bair himself earlier in the day telling her that he had buried their father, who died of natural causes on August 11, in the backyard a few days after his death.

Upon arrival, police said they were able to locate a grave and dig up human remains. Police said they initially determined that the death itself was not suspicious and that the body in the shallow graved belonged to a 65-year-old man, a relative of Bair.

The body was sent to the medical examiner to determine an exact cause of death. NBC5 reported that Bair told police his father had health issues including colon cancer and COPD that likely contributed to his death.

Signs in the house indicated the body decomposed for a time inside before being moved to the backyard.

Bair was cited and made his initial appearance in court on Wednesday where he pleaded not guilty on misdemeanor charges of unauthorized burial or removal of a body. He was released without bail and set to appear again in court on November 1, NBC5 News reported.

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At-home burials

While burying a loved one at home may not be everyone’s preference, it can be done legally. Most states don’t require the use of a funeral home or director, so long as a proper death certificate is issued and proper permits are obtained.

In Vermont, families are allowed to care for their own dead, including burial on private property. In order to do so legally, a medical professional or the local medical examiner must complete a death certificate which should be submitted to the department of health within 48 hours.

If the body needs to be moved to its final resting place, a burial transit permit is required and can be filed with the town clerk, according to the Vermont Department of Health. After the burial, that permit needs to be filled out, signed and filed with the town clerk in order to ensure the state has record of where exactly a body has been buried.

Ordinances specifically pertaining to at-home burial can vary between towns, so families should consult with the town’s attorney, local zoning authorities and/or a local town health officer.

For those considering this option due to the high cost of a formal funeral and burial, many states offer government assistance. The state of Vermont offers support through its General Assistance program and qualifying families can receive up to $1,100 to assist with a funeral, burial and related costs.