View Full Version : OK vs. Robert Butcher



BBatesokc
06-16-2010, 08:29 PM
I'm probably one of the few non-lawyer citizens who actually takes/makes time to sit in on trials and watch our judicial system 'at work', but I find it so intensely interesting.

Most people have no idea of the shear volume of cases that go through the Oklahoma County/City court house.

The past two weeks I watched a murder trial that most likely would not have garnered any interest at all (if I hadn't called friends in the media) and is pretty representative of what occurs on a regular basis - Two 'truths' that collide with often horrific and life altering consequences to both the victim, the defendant and their loved ones.

(my perspective as an observer) In this case the defendant, Robert Butcher, a 41-year old large and intimidating looking black male found himself as a new patron of the Porthole Club near NW 39 and Portland in May of 2008. Described by all as quiet and keeping to himself, Butcher was first struck in the face by an intoxicated female that conveniently has no memory of any of the details of the night. To this Butcher did not react and instead let another patron buy him a drink to apologize for the woman's behavior. Then, a white male named Austin and a bar regular, described by all as nice when sober but a real bully and aggressive when drunk, sucker punched Butcher. Again, to this Butcher did not seem to really react in any confrontational way.

When it became apparent he was not welcomed at the bar he left. Witnesses in the parking lot say Butcher was approached by Austin and a few other white males. There was some evidence that one or more of the males may have been armed with at least one pool cue (later found in Austin's car with blood on it). A confrontation occurred in the parking lot and Austin was stabbed once in the heart and died. Butcher fled when a police officer who happened to be next door approached him.

Click here to read News9's report (http://www.news9.com/Global/story.asp?S=8347399).

The prosecution argued Butcher got into a fight and used excessive force when he used a knife and killed Austin. They argued it was not self defense because it was mutual combat, he helped to instigate it and he had the opportunity to flee.

The defense argued he twice tried to ignore two separate attacks in the bar and when confronted by a group outside had no choice but to use a knife to defend himself.

After watching the trial I felt the outcome was tragic but that Butcher was not guilty of the murder 2 charge and also not guilty of the lesser included manslaughter charge.

The jury today found him not guilty of manslaughter (http://www.oscn.net/applications/oscn/GetCaseInformation.asp?submitted=true&viewtype=caseGeneral&casemasterID=2303098&db=Oklahoma) and was hung on the murder 2 charge. 11 jurors thought he was not guilty and 1 thought he was guilty.

The whole thing will most likely have to be repeated in the months to come.

I really don't know why I felt compelled to share this, I just find it intriguing that such life and death battles are being fought every day and yet most media ignores it in favor of 'Pay it Forward' or some other nonsense to fill 30 minutes.

kevinpate
06-16-2010, 08:38 PM
OK, a jury of folks who decided they did not want to avoid jury duty heard the state's best evidence. After doing so, they then voted 11-1 in favor of acquittal on a M-II charge, AND they ALSO rejected the lesser included option on the manslaughter charge.

I would presume the attorneys in the DA's office have other cases that are way more in need of their time, talent and treasure than going back for another trial on this particular matter.

BBatesokc
06-16-2010, 08:50 PM
No such luck Kevin. From what I heard the state will proceed to retry Butcher.

Personally, jurors scare the hell out of me. First, I hate the pool of my peers is based on whether or not they hold a driver's license. Second, I'm now on my third PI case where I've been asked to do intense background checks on the jurors to see if they hid anything during voir dire (http://dictionary.law.com/Default.aspx?selected=2229).

I thought people lied to get off juries, but I'm learning they will lie to get on them too!

PennyQuilts
06-17-2010, 05:11 AM
I thought people lied to get off juries, but I'm learning they will lie to get on them too!

On a similar note, I used to think long and hard about putting people on as witneses in family court (non abuse) when they really, really, really wanted to testify. Some people want to use the court to punish a daughter-in-law or ex husband and the best interests of the child often get lost in the shuffle in their zeal. But just ask them - no one loves that child the way they do...

kevinpate
06-17-2010, 06:09 PM
... I thought people lied to get off juries, but I'm learning they will lie to get on them too!

yeppers, you find both extremes w/o looking real hard. Nuttin' new in that.
The presumption of innocence is a myth, though it is still given lip service.

For just about every sincere "I'm color blind"
There is a e silent one whose creed is "Only real color that matters is mine. I'm blind to caring about any other color."

For every "I can follow the law"
There is the "Once I drag it where I want it, I can turn around and look at it, that's close enough"

oneforone
06-21-2010, 12:40 PM
Call me cold and callous but, It sounds like to me that karma finally caught up with Austin's drunk alter ego. I think if Austin had just left Butcher alone he would still be alive today.

My guess is this probably not first time an event like this has happened with Austin and his so called friends. They probably beat up a few people in the past however, this time fate and karma dealt them a diffrent hand.

BBatesokc
06-21-2010, 05:10 PM
Call me cold and callous but, It sounds like to me that karma finally caught up with Austin's drunk alter ego. I think if Austin had just left Butcher alone he would still be alive today.

My guess is this probably not first time an event like this has happened with Austin and his so called friends. They probably beat up a few people in the past however, this time fate and karma dealt them a diffrent hand.

I fully agree!

BBatesokc
06-24-2010, 08:14 AM
UPDATE: As is often the game in criminal justice, the defendant (IMO) was strong armed into pleading guilty to a crime that 92% of the jurors in his original trial felt he was not guilty of - 11-to-1, resulting in a hung jury.

This week the DA's office offered to let him walk out of jail now if he'd plead guilty to murder and be sentenced to 2-years incarceration (time served).

Butcher has been held for two years in the county jail (known by many inmates as "Gladiator School").

It is this side of the criminal justice system that I don't think many people realize exists.

This man will now carry the stigmatism of being a convicted murderer when the facts of the case show that an overwhelming majority of his peer jurors did not think he committed a crime.

Midtowner
06-24-2010, 08:28 AM
Sometimes the A.D.A. forgets that their job is to bring justice--not to convict everyone they ever come in contact with.

kevinpate
06-24-2010, 08:35 AM
This week the DA's office offered to let him walk out of jail now if he'd plead guilty to murder and be sentenced to 2-years incarceration (time served).


10 year sentence, all but 2 suspended on Murder II. Credit time served, Unsupervised probation agreed to. Defendant is free to leave the state. Defendant is required to pay cost costs and another 270 in fines and costs.

Guess he felt it was a better situation than remaining in jail and rolling dice.

Tough choice to face, no doubt on that.

BBatesokc
06-24-2010, 08:47 AM
10 year sentence, all but 2 suspended on Murder II. Credit time served, Unsupervised probation agreed to. Defendant is free to leave the state. Defendant is required to pay cost costs and another 270 in fines and costs.

Guess he felt it was a better situation than remaining in jail and rolling dice.

Tough choice to face, no doubt on that.

That's the ace the DA's office often holds. I can't imagine spending 2 days, let alone 2 years, in the county jail for something you didn't do. Most people will agree to anything to avoid another day. Not to mention the cost to his family for the original trial defense. He was looking at, at least several more months in jail plus thousands more in legal fees. Not to mention the haunting worry that what if the next jury goes the other direction.

The DA's office is always on the winning end of these deals at a cost to justice. The DA's office gets to feather their cap with another 'conviction' all while knowing 92% of a jury does not agree.

Very sad indeed.

kevinpate
06-24-2010, 11:04 AM
I dinna read the entire docket sheet. Do you know whether bail was sought after the mistrial and denied, or was it not sought because even a reasonable level of bail would have been out of his reach (often the case with charges of that nature, 11-1 vote in his favor at prior trial notwithstanding.

BBatesokc
06-24-2010, 12:59 PM
Bail denied. Pretty common in Oklahoma for murder charges (unless you're a pharmacist and much of the city considers you a hero).

BBatesokc
06-24-2010, 01:58 PM
I saw this added to the journal entry for yesterday. Kinda funny in a way. Glad for him they were not jerks about it and force the haircut.

"IF DEFT REPORTS TO LARC TO BE PROCESSED BY DOC FOR HIS INTAKE:IT IS AGREED AND ORDERED THAT HIS HAIR IS NOT TO BE CUT."