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December 20, 2013 - 12:14pm

Deshawn Butler released from jail

posted by Howard B. Owens in batavia, crime.
Dashawn Butler

The Batavia resident suspected of being involved in a shots-fired incident Sept. 27 on State Street has been released from jail, free on his own recognizance.

Dashawn Butler was released following an appearance in City Court because the District Attorney's Office was unable to complete a preliminary hearing within the required six days of Butler's arrest.

District Attorney Lawrence Friedman said the people were not ready to proceed with a hearing because a key witness would not be available in time.

Butler still faces charges of reckless endangerment, 1st, a Class D felony, and criminal possession of a weapon, a Class C felony, and second-degree menacing, a misdemeanor.

State law required Butler's release because he wasn't going to receive a hearing within six days. 

Friedman said his office will continue to press those charges against Butler.

Thomas Mooney
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so the citizens of Batavia are exposed to this criminal while a well paid DA isn't doing his job . The witness should have had an affidavit prior to his arrest . Its another black eye for our local legal system. Not to mention it took three months to locate a fugitive that was less than 300 yards from the court house and police station

Thomas Mooney
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for the record :Dehsawn used to live at the infamous 101 Summit St owned by Mr, Young . He is one of many past prison parolees that reside in or have resided at 101 Summit St.

The same landlord that was just quoted saying

He believes economic development is the key to the fiscal health and quality of life of the county
\
Unfortunately he works both sides of the card . Economic development doesn't happen with unsafe neighborhoods from absentee landlords. There is zero quality of life around his properties directly tied to his properties

Thomas Mooney
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The homey town falls into the clutches of the greedy slumlord Potter, and his Pottersville becomes a city of sin, brimming with sleazy nightclubs, burlesque halls, pawn shops and neon lights

Shouldn't we learn from classic movies

Gary Spencer
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Where are the burlesque halls? Damn, I didn't know we had any burlesque halls! Are there whore houses too?

Howard B. Owens
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It's come to my attention that there was a subpoena issued for the witness to appear. Batavia PD traveled to Buffalo to try and locate the witness, but the person could not be located and served with the subpoena. There also happens to be warrants out for this person's arrest on other matters (I'm not sure if they're related or unrelated), and the police haven't been able to locate the person to arrest him or her either.

Preliminary hearings occur always on short notice and if witnesses can't be produced, the defendant must be released.

The witness did provide an affidavit, but that document cannot be used in lieu of actual testimony. Since it's considered hearsay, it's not admissible in a preliminary hearing.

Ryan Neal
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d

John Roach
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I guess Mr. Mooney would have the DA ignore the law. Witness can not be found? Not a real big surprise if he is also wanted.

I hope Mr. Mooney will also complain about Mr. Platt and his plans to try and open a boarding house in the middle of the city that will also house parolees and will be near two schools

Gary Spencer
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Tom,
I checked the DOCCS website, Mr. Butler has never been in prison, which means he is not a "past prison parolees" and you characterizing him as such could be considered slander!

curtis jackson
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They are doing everything the right way for ONCE!! They want him bad so they don't wanna mess up.batavia is one corupt little city.

Tim Miller
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Does it stink that somebody who may have done something so reckless is out on the streets on a technicality? Yep.

But think how much it would stink if that was a false accusation and the hearing couldn't be held for a month (or two, or three), yet the accused was forced to remain in jail for that entire time... Better yet, to the folks who believe he should remain behind bars anyways, think how much it would stink if YOU were the accused.

Frank Bartholomew
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Mr. Mooney, have you heard, in this country you are presumed innocent until PROVEN guilty, What would you prefer the DA do in this case?
The only court one is guilty until proven innocent would be the family court, they play under a whole different set of rules.

What bothers me is Mr.Butler was released wihout any bail or bond being posted,
those are some serious charges.

Frank Bartholomew
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John, would you prefer these people live on the streets? That would make it very difficult to keep tabs on them.

Kyle Couchman
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Wrong Frank..... there is also the court of public opinion, people are guilty til proven innocent there a well.

Frank Bartholomew
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Kyle, excuse me, but I'm talking in legal terms, not hearsay terms.
Probably why we don't use opinion polls to determine ones guilt or innocence.

Tim Miller
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Batavia could emulate Sheriff Joe and keep the guy in jail regardless of the legality/constitutionality...

http://happynicetimepeople.com/sheriff-joe-arpaio-pays-millions-loving-c...

Got a few million dollars sitting around just in case?

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