STILLWATER, Okla. — A Stillwater teen convicted of rape is a free man after completing the terms of his probation, a Payne County judge ruled on August 3. Meanwhile, the hearing took a surprise turn involving the new district attorney.
Jesse Mack Butler will not serve prison time in the case and will not be under state supervision.
Butler was 16 when he pleaded no contest to 11 counts, including rape and strangulation of two girlfriends.
The case drew national attention when he originally faced 87 counts. He took a plea deal for probation that included a rehabilitation program (counseling, community service, and a $3300 restitution fee).
This latest hearing was the last of three. The judge said Butler completed the terms of his program with zero violations. Because of that, and under the Oklahoma Youthful Offender Act, he is dismissed.
The district attorney's office said there was nothing left for their office to legally file.
District Attorney Jeremiah Gregory was officially sworn in as the new DA on July 31 and said he was in the courtroom to observe the hearing.
However, Butler's attorney, Derek Chance, asked the judge to make some statements, and those statements left many floored. He appeared to be indicating that his client was innocent.
"I was completely surprised. I think the DA was caught off guard; I would guess even the court was surprised," said Rachel Bussett, the victim's attorney. "I understand you want to advocate for your clients, but I think that went beyond the bounds. Let me be clear: you can not consent to strangulation."
After the statements, Gregory got up from the gallery and asked the judge to speak. He called the comments "garbage," and a "nonsense soliloquy." Gregory told the judge that, had he known Chance was going to make those statements, they would have prepared remarks.
We asked Chance for further comment, but he was unavailable.
Gregory shared a press release after the hearing, saying that while he could not try Butler for a second time, he would refer the case to federal prosecutors.
“Today was the final hearing in the matter of the criminal case against Jesse Mack Butler. Today’s hearing included disingenuous assertions from the defense regarding the defendant’s innocence, that he was the victim in this matter, and that the victim’s assertions were false had no bearing. The defense portrayed that somehow the perpetrator suffered more than these victims. What was said was insincere, untruthful, and affront to these victims and what they have endured. Nothing has made my blood boil more. I did not know this was going to be allowed, nor did the defense attorney reveal he intended to make any kind of statement. The statements made in court were inappropriate to say the least, and I will not remain silent without contradicting such assertions. I have asked the Court to allow me to supplement the record to refute these egregious statements made by the defense so that the victims of these crimes may be heard.
This case was filed and prosecuted and the defendant was pled and sentenced a year ago prior to my assuming office last Friday. I want the public to understand that in cases where a defendant either has pled or has been found guilty by a judge or jury, the United States Constitution says the defendant shall not be “subject for the same offence to be twice put in jeopardy of life or limb.” This is the Double Jeopardy clause of our Constitution. So the government of the State of Oklahoma cannot prosecute a defendant a second time for the same offense after a defendant has already been convicted, nor can the government of the State of Oklahoma hand out more than one criminal punishment for the same offense. The Constitution I was sworn to uphold unambiguously prohibits it.
However, the federal government is a separate sovereign entity from the State of Oklahoma where double jeopardy has not attached. Therefore, my office will be submitting this case to the appropriate federal agency for prosecutorial review of this matter. I cannot undo what has already been done, but I can – and will – continue to stand as a strong voice for all victims of violent crime.”
Bussett says the victims plan to file a civil case.
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