James Larry Butler appeared in District Court on Tuesday, November 8th for sentencing on two counts of assault with a deadly weapon, both of which carry a penalty of 21-54 months in prison. He was arrested in July and initially charged with assault with a deadly weapon, battery with a deadly weapon, damage to an unattended vehicle, injury to property, and driving without a valid license.
According to Assistant District Attorney (ADA) Jeff Weed, Butler's former girlfriend recorded the incident as it was occurring. The video caught him threatening her and her companion while they were camping at Diversion Dam. Weed played the video for the court in support of his arguments for a lengthy prison term for Butler.
Weed stated that the victims were camping at Diversion Dam where Butler intentionally sought them out. He then made several threats against the victims, after which he rammed his vehicle into their RV and shouted, “I will put that motor home in the lake.” Additionally, Butler attempted to run over the male victim who was able to grab his machete and strike Butler in the arm through the window of his vehicle. The other victim fled to the water attempting to get out of the way of the vehicle and to call law enforcement. Butler can be heard on the video saying, “If you call the law, I will be out of here.” He later fled to his Lyon County residence where he attempted to evade law enforcement by hiding under his house.
Butler, who was on probation at the time of the incident, was also reported to have had multiple Drug Court violations include testing positive for methamphetamines. Weed further referenced Butler’s violent criminal history that includes convictions for assault, battery, and domestic battery.
Churchill County public defender Jacob Sommer was representing Butler and asked the court to examine what was going on behind the scenes before considering sentencing. According to Sommer, Butler and his former girlfriend had recently ended their relationship. “Alcohol and drugs fueled and flamed the problems that arose from the breakup,” Sommer stated, “and while there is no excuse for his actions, emotions were running high on both sides.”
According to Sommer, Butler was shown the video and realized what the victims must have felt at that moment. He also reported that Butler had been sober since August, stating, “It has changed him in a meaningful way.” Sommer asked Judge Stockard to consider granting probation, three months in jail, requiring a substance abuse evaluation, and attending DUI school.
Butler addressed the court before judgment was passed, admitting, “I know I was wrong. I was drinking a half-gallon of vodka a day. That is no excuse, but it did cause me to act and react. I am an alcoholic and I appreciate the chance I’ve had to get the alcohol off my brain.”
Judge Stockard sentenced Butler to two terms of 21-54 months that will run consecutively and stated, “After considering the totality of the facts and circumstances, I do not feel that probation is appropriate in this case.”
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