(Stillwater) — A Cushing man who is accused of 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 appeared in court Monday on a six-count charge.
Charles Levi Butler, 28, who was convicted of attempting to elude a law enforcement officer in 2003 and domestic abuse in 2002, remains in the Payne County Jail, court records show.
Payne County Sheriff’s Deputy Daniel Nack wrote in an affidavit that he was sent to a rural Ripley residence on Sept. 30 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 alleged in his affidavit.
When the deputy arrived, the suspect’s brother, Curtis Butler, was lying on the ground with back injuries, and the suspect, Charles Levi 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 also 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 has 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 alleged.
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 Levi Butler appeared extremely intoxicated when he was arrested for domestic abuse, the affidavit alleged.
While the deputy was trying to change his handcuffs and put him in the patrol car, Charles Butler became very resistant, the affidavit alleged.
“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 alleged.
At the jail, a substance that field-tested as marijuana was found in a plastic baggy in Charles Butler’s pocket, the affidavit alleged.
If convicted of the six-count charge, Charles Butler could be given more than 11 years in prison and more than $7,000 in fines, court records show.