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June 3, 2014 - 7:49am

Rap video could become relevant in Dashawn Butler case

posted by Howard B. Owens in batavia, crime.

Batavia resident Dashawn Butler, suspected of discharging a firearm on State Street in September, was jailed Monday in lieu of $25,000 cash bail after being arraigned on a three-count Grand Jury indictment.

Butler entered a not guilty plea to counts of criminal use of a firearm, 2nd, a Class C violent felony, criminal possession of a weapon, 2nd, a Class C violent felony, and attempted assault, 1st, also a Class C violent felony.

District Attorney Lawrence Friedman declined to discuss much about the case after Butler's appearance in County Court, citing concerns that pre-trial publicity could make it more difficult to select a jury, but he acknowledged that a rap video featuring Butler could possibly be used in future court proceedings.

The video is attributed to Mobb Bugatti and was produced by Rochester-based Triple R Muzik Group. The video, along with another one Butler is featured in called "Rollin'," and widespread Web marketing and publicity on social network and music sites indicate the aspiring rapper and TRMG are pursuing a music career for Butler.

The video could be taken in that context, or be seen as something more sinister.

During "Red Flags" Butler is seen waving a red bandana and rapping about "murder death kill kill" and disrespecting (using a different word) the law.

The professionally produced video appears to have been shot on State Street, Hutchins Place and Lewis Place. One scene shows a Batavia police car cruising down a street.

If Butler and his defense attorney Thomas Burns decide to make the people prove Butler's guilt beyond a reasonable doubt, the video could become relevant if Friedman decides to portray Butler as gang affiliated and that the shots-fired incident Sept. 27 on State Street was tied to possible gang activity.

Friedman declined to answer a question along those lines.

Asked if the video might tell us something about Butler that might be relevant to the case, Friedman said, "some people might feel that way."

There was some wrangling in court Monday over Butler's bail status.

Butler has been out of jail since a couple of days after his arrest in December because Friedman wasn't ready at the time to conduct a felony hearing in City Court.

Friedman argued Monday that Butler is facing three C violent felonies, has a prior felony conviction that could make him a second felony offender for sentencing purposes, and has a prior instance of failure to appear.

Burns countered that Butler has made his court appearances on time in this case, the prior failure to appear was many years ago in New York City and Burns doesn't believe Butler will qualify as a second felony offender.

There's also a speedy trial issue to look at in the case, Burns said. An arrest warrant was issued for Butler in October, but he wasn't arrested until December and only just now indicted.

Friedman said it took two months for Batavia PD to locate Butler. When he was arrested it was in the house of a person parole officers were looking for and Butler was hiding in a bathroom. Those circumstances negate the speedy trial issue, Friedman indicated.

Burns said Butler has lived in Batavia since 2001, moving here from NYC. He currently has a part-time job with a local food service business. He asked that if Noonan were going to set bail that it be something reasonable like $4,500.

Noonan set bail at $25,000 cash or $50,000 bond, which was the bail amount set in City Court when Butler was arrested in December.

The attorneys will spend the next 45 days preparing motions in the case and Butler is due in court again at 9:30 a.m., Aug. 4.

Warning: The video below contains profanity. This clip is edited to show just a representative portion of the video.

tom hunt
tom hunt's picture
Last seen: 3 weeks 17 hours ago
Joined: Jan 31 2009 - 9:08am

That is one Sick individual. I hope Judge Noonan does his job and removes him from Society permanently. People like him have forfeited the right to roam free on the streets of little Batavia.

anne crotzer
anne crotzer's picture
Last seen: 1 month 4 weeks ago
Joined: Jul 20 2009 - 3:42pm

Batavia is turning into a SLUM. You HUD slumlords shoud be held accountable, KARMA is a B

David Olivani
David Olivani's picture
Last seen: 3 years 2 weeks ago
Joined: May 26 2009 - 10:16am

I'm pretty sure I recognize the house in the video. I owned a house down the street from there years ago. The residents of Batavia have some big decisions ahead of them. If you choose to leave it up to the City of Batavia local government (and law enforcement) to take care of this, you have a big surprise coming. There aren't enough cops in all of Genesee County to fend off what's going to happen. Drive out to the city of Niagara Falls and you'll see what I'm talking about. With no way to protect yourselves and your families, city residents will become lambs led to the slaughter! If everyone waits till the problem comes to their neighborhood it will be too late for everyone. I was born and raised in Batavia (southside no less), and it breaks my heart that my hometown has become another casualty of NY.

Dave Olsen
Dave Olsen's picture
Last seen: 3 weeks 15 hours ago
Joined: Oct 12 2008 - 11:48am

David: I'm not being snide or argumentative, so please don't take my question that way. I am truly interested in non-conventional, grassroots, no government approaches to local issues. I don't live or own property in Batavia, so I have no dog in this race.
What then, in your opinion should the people of Batavia do?

John Roach
John Roach's picture
Last seen: 2 weeks 10 hours ago
Joined: May 29 2008 - 5:22am

Dave Olivani, I ask the same question as Mr. Olson, what is your solution?

RICHARD L. HALE's picture
Last seen: 2 months 3 weeks ago
Joined: May 22 2009 - 9:50pm

Watched the there a translator available.........?

David Olivani
David Olivani's picture
Last seen: 3 years 2 weeks ago
Joined: May 26 2009 - 10:16am

This is Daves wife :)

For one thing....get involved!!! Dont pretend its not going on in your neighborhood. Form a neighborhood watch!! Know who comes in and out of your neighborhood. Be nosy!! Its ok. If u see something out of the ordinary, question it!! :)Talk to landlords about who they rent to in your neighborhood. Call the police when u see shady things going on. Drive these ill mannered people out of your neighborhood. There is crime and terrible things that go on everyplace. Because we all grew up here and have seen the drastic changes take place, it bothers us to the extreme. Unfortunately things change, nothing stays the same. Our safe city has suddenly become "not so safe" anymore. Is it too far gone for the good people to take it back? I sure hope not!! There is not one single solution to all this, but a bunch of little things that tax paying, good people can do to take back your neighborhood :)

David Olivani
David Olivani's picture
Last seen: 3 years 2 weeks ago
Joined: May 26 2009 - 10:16am

There is no clear answer? If you’re currently living in the city, I’d move out as soon as possible. Preferably out of NY all together, and to a free state? If you’re stuck there then I’d at least go to your local SPCA and get a big mean dog (see music video for examples), and then to your local Sporting Goods Store to buy a shotgun and some shells. Also, you should exercise your second amendment right and apply for your hand gun permit as soon as possible! I know the old “violence begets violence” mantra, and that’s all great and philosophical, but once Batavia is completely annexed the only thing one can do is protect themselves and their families from becoming victims. can do what my wife suggested?

C. M. Barons
C. M. Barons's picture
Last seen: 3 weeks 5 hours ago
Joined: Jul 29 2008 - 11:56pm

Victim of what? Rap videos! The responses on this thread are loaded with pronouns- more innuendo and vaguery than a Sarah Palin speech. Anyone want to define this grave threat?

Emma Morrill
Emma Morrill's picture
Last seen: 7 months 3 weeks ago
Joined: Mar 26 2013 - 11:47am

"Anyone want to define this grave threat?"

Thank you, C.M. I was just wondering the same thing. A few of the posts on this thread are downright scary (far more than anything depicted in that video clip).

David Olivani
David Olivani's picture
Last seen: 3 years 2 weeks ago
Joined: May 26 2009 - 10:16am

The property value for my Batavia residence is sinking faster than the titanic, and there aren’t even any gunshots outside my house yet. That's a pretty big threat right there. Anyone who's paying the exorbitant tax rates for a home that’s worth less each year knows what I’m talking about. When your house is worth less, and taxed a lot, then you’re losing and stuck. Why, because folks that have the choice don't want to live in a ghetto. Not sure where the “innuendo” is? It is what it is. What do your property taxes run you per year? What's the market value of your home now, compared to 5 years ago. Yes...of course if you live over on the far NE end of town you're probably not feeling it as much. But sooner or later the City won't be able to squeeze anymore tax revenue out of the HUD1/Welfare properties, and then it will be time for the few working tax payers (that are left) to pony up to pay for it all. That sounds threatening to me? I don’t want to pay for Batavia’s decline. This has nothing to do with a dopey rap video. It has to do with the deterioration of a city. It has to do with proliferating a culture of entitlement, and the abuse of an already broken Welfare/Social Services system. There’s a movement in this country that has some folks thinking “Why should some have so much while I have so little? Where’s mine?” Eventually when things do get bad enough, someone may ask me to share what I have (without my approval). I see a threat there, but I have something to loose.

Dave Olsen
Dave Olsen's picture
Last seen: 3 weeks 15 hours ago
Joined: Oct 12 2008 - 11:48am

I don't necessarily disagree with Mr or Mrs Olivani. I don't particularly agree either. If I may: I'd suggest the answer lies in a much higher percentage of owner-occupied homes (believe it's less than 50% now) and very local landlords, as in living within a block or 2 of the property. Those are proven solutions to deteriorating neighborhoods. It's an organic way to get folks to take an interest in their neighborhood. I also think the Genesee County has the mechanism to jump start it. Its just an idea at the moment, but one I've been thinking about since last fall.

David Olivani
David Olivani's picture
Last seen: 3 years 2 weeks ago
Joined: May 26 2009 - 10:16am

Did u watch the rap video??? KILL KILL KILL...SHOOT UM UP..
HMMMM....THAT SOUNDS PRETTY THREATENING TO ME? BEING videotaped right in your neighborhood...if that isn't reason enough to ask yourself what the hell is going on in your neighborhood then your blind!! He refers to Batavia as "b" town...I just don't think Batavia needs that negativity with all that's been happening lately..."b"town is going to hell!

Dave Olsen
Dave Olsen's picture
Last seen: 3 weeks 15 hours ago
Joined: Oct 12 2008 - 11:48am

Regarding the video, I have to say that I'm a bit skeptical of the songs market worth. And if there are people who'd want to buy it, I'm also skeptical that they have a lot of disposable cash to spend. Maybe I'm wrong, but I wouldn't invest in it.

Julie Morales
Julie Morales's picture
Last seen: 1 day 15 hours ago
Joined: Nov 27 2009 - 1:29pm

Go ahead and be an idiot with a shotgun if you want to, but don’t dream of advocating shelter animal adoption for the purposes of violence. Be irresponsible and irrational with your own life.

And why do you keep putting question marks at the end of your statements?

“Eventually when things do get bad enough, someone may ask me to share what I have (without my approval).”

Well look on the bright side….maybe you’ll be the one in need, then you won’t have to share.

David Olivani
David Olivani's picture
Last seen: 3 years 2 weeks ago
Joined: May 26 2009 - 10:16am

I wasn't advocating the use of any animal for the purposes of violence. Not sure where you're coming from with that. I'm advocating adopting a good guard dog for the purposes of home protection and as a deterrent for criminals. Most criminals will just move on to the next house instead of taking a chance on a house with a dog. That was my point. As far as being an idiot with a shotgun, most criminal types will just move onto the next potential victim instead of taking a chance on a target that might be armed. And if criminals don’t know exactly who is armed and who isn't, well that just makes their jobs a lot tougher. So my being armed actually serves as another type of deterrent. If you choose not to be armed that's certainly your right, but name calling is still not nice.

daniel cherry
daniel cherry's picture
Last seen: 1 day 11 hours ago
Joined: May 6 2008 - 2:21pm

I saw the video.Unfortunately i seriously doubt it could be used in court.I dont like the message it sends.I don't like what crack has done to Batavia.I dont like Gangs.Red blue purple green whatever.By posting it you gave them more views.

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