(Stillwater) — A Cushing man who admitted assaulting his brother, a sheriff’s deputy and another man at a Ripley residence, along with damaging a patrol car, possessing marijuana and being intoxicated in public has been placed on five years’ probation.
As a condition of his suspended sentence, Charles Levi Butler, 28, was ordered Friday to serve 60 days in the Payne County Jail, which he had already completed while being held on his six-count charge, court records show.
Butler must take an anger resolution course and complete all the treatment recommendations contained in a background report for the court. He must contribute $100 to the victims’ compensation fund and pay for his incarceration costs, court records show.
Payne County Sheriff’s Deputy Daniel Nack wrote in an affidavit that he was sent to a rural Ripley residence in September on a report of four individuals fighting.
“Prior to arriving, I was advised that one injured victim, Jimmy Squire, was enroute to the hospital for head injuries. He was struck in the head by the suspect in the right temple and knocked out,” the deputy wrote in his affidavit.
When the deputy arrived, the defendant’s brother, Curtis Butler, was lying on the ground with back injuries, and the defendant, Charles Butler, was already being detained by Payne County Undersheriff Garry McKinnis, the affidavit said.
“I was advised that Charles Levi Butler instigated a fight with Jimmy Squire and Curtis Butler,” who was taken to the hospital for his injuries, the deputy wrote in his affidavit.
Curtis Butler said “His brother, Charles Butler, was drunk and belligerent. Jimmy was seated in the house and told Charles to get away from him.
“Jimmy had one leg. Charles got mad and punched Jimmy in the right temple, knocking him out of his chair. Curtis says he then pushed Charles away from Jimmy.
“Charles then punched Curtis in the jaw and threw a 40-ounce beer bottle at him,” the affidavit said.
During the fight, the Butlers’ father came home, the affidavit said.
The deputy said he was told that it took Curtis Butler, his father, and two females to forcibly hold down Charles Butler to keep him from fighting, the affidavit said. It was during this struggle that Curtis Butler received back injuries, the affidavit said.
Charles Butler appeared extremely intoxicated when he was arrested for domestic abuse, the affidavit said.
While the deputy was trying to change his handcuffs and put him in the patrol car, Charles Butler became very resistant, the affidavit said.
“He struggled and refused to stand still, resulting in falling to the ground. While on the ground, Charles kicked me several times.
“At this time, I applied my Taser in an attempt to make him compliant.
“After placing him in the patrol car, Charles kicked the rear passenger window several times, causing damage,” the affidavit said.
At the jail, marijuana was found in a plastic baggy in Charles Butler’s pocket, the affidavit said.
Court records show that in 2003 Charles Butler was convicted of attempting to elude a law enforcement officer and domestic abuse in 2002.
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