Felon Pleads Not Guilty to Slaying Officer

Convicted felon and street-gang member Stacy Don Butler, 25, pleaded not guilty in San Diego Municipal Court on Wednesday to the charge of murder in the fatal shooting of a rookie police officer in January.

Butler is accused of shooting Jerry Hartless, 24, who had been on the force less than a year, in the head while Hartless was chasing him on foot in Southeast San Diego. The shooting took place Jan. 9, and Hartless died Jan. 31 without regaining consciousness.

Butler had been paroled from prison, where he was serving a sentence for grand theft, 11 days before the shooting. He was arrested shortly after the shooting in what police described as a drug house three blocks from where Hartless’ body was found. Two guns were discovered in the yard of the house. Police said Butler is a gang member.

Judge Peter Riddle set Butler’s preliminary hearing for July 14.

Butler’s attorney, William Nimmo, was given 846 pages of medical reports on Hartless and 1,011 pages of police reports. He said he wouldn’t have time to review all of them before July 14 and would ask for a continuance that day.

Deputy Dist. Atty. Keith Burt said his office is weighing whether to charge Butler with special circumstances in the killing, which could result in a death penalty if Butler is convicted of first-degree murder.

Butler is also charged with two counts of being an ex-felon in possession of a gun.

He has been held in the state prison at Vacaville for parole violation since shortly after the shooting. Because of that, prosecutors were able to fully investigate the case before filing the murder charge June 22, instead of being limited to the three days between arrest and arraignment as normally required by law.

Burt said some witnesses have been intimidated not to testify against Butler.

“One witness had her house shot up . . . and as a result left the jurisdiction,” Burt said. He declined to elaborate.

In a move that was moot because Butler is serving a sentence, Riddle set Butler’s bail on the murder charge at $1 million.