Record affects Butler's sentence

Friday, July 13, 2007

A judge on Thursday sentenced Clifford O. Butler to 14 months in prison for his involvement in a physical altercation in April.

Butler, 41, pleaded guilty to one count of felony criminal threat in May. Typically, a defendant wouldn't be sentenced to 14 months for pleading guilty to criminal threat, a low grade non-person felony. However, Butler's extensive criminal history qualified him for the sentencing term. Also, the sentence term stemmed from Butler violating probation after he was charged with battery and criminal threat last May.

Butler began building his criminal resume in 1995, when he was convicted of stealing in Kansas City, Mo. He was convicted of domestic battery twice in 2000 in Fort Scott. It continued with Butler being convicted of battery in 2001, escape from custody in 2004, criminal damage to property in 2005 and criminal threat last year, according to court records.

Butler is currently incarcerated at the Cherokee County Jail until authorities transfer him to a Kansas Department of Corrections facility.

The Bourbon County Attorney's Office charged Butler in April with one count of felony attempted aggravated criminal sodomy, criminal threat and misdemeanor criminal damage to property. When he pleaded guilty to criminal threat, the remaining charges were dropped.

Fort Scott Police alleged that Butler tried to sodomize another man around 1:30 a.m. March 24 at 111 N. Judson St., attacking him and ripping off his T-shirt and blue jeans. The two were acquaintances, police said.

The victim in that crime was also listed as the victim in the criminal threat charge.

Steven A. Stockard, Butler's attorney, told District Court Judge Mark Ward that some of the facts in the case were "blown out of proportion," and he said that led the county attorney to file harsher charges than warranted. He acknowledged Butler's criminal history and that it called for prison time. Stockard then asked Ward for 13 months because of what he said were exaggerated facts in the criminal court file.

Ward decided to go with the recommended sentence outlined in the Kansas Sentencing Guideline based largely on Butler's criminal history.

Butler said he's going to use the 2 years and 2 months to "try and figure out why I am the way I am."

"I'm truly sorry for what I've done," he told the court.

Ward said Butler's comments indicate that he has prepared himself to use the prison time to his advantage by participating in rehabilitation programs.