Butler Murder Trial Ends in Jury Deadlock : Courts: Jurors are evenly split after more than two weeks of deliberations in trial of gang member accused of slaying a police officer in 1988.

The murder trial of an East San Diego gang member accused of killing a 24-year-old police officer ended in a mistrial Wednesday, when jurors told a judge they were evenly split 6-6 after 18 days of deliberation.

In a note to San Diego Superior Court Judge William Kennedy, jury forewoman Jane Shea wrote: “We the jurors find we are unable to reach a unanimous verdict” on the first-degree murder charge against Stacy Don Butler, 29. The jury also deadlocked, 6 to 6, on a weapons possession charge.

Shawn Dee, the widow of the slain officer, Jerry Hartless, said Wednesday she believes Butler is guilty of shooting her husband on Jan. 9, 1988. He died three weeks later without regaining consciousness.

“I’m just really sad,” she said when asked about the possibility of another trial. “I don’t want to go through it again.”

Deputy Dist. Atty. Keith Burt said his office has not decided whether Butler will be tried a second time. He said he was not surprised with the outcome, since the jurors had first announced they were split 7-5 on June 11. But Burt said he was disappointed.

“We’re always disappointed when a matter is not resolved,” he said.

Steve Casey, a spokesman for the district attorney, acknowledged that the Butler case is an example of what have been “some difficulties in the prosecution of people accused of killing police officers.”

But Casey said he believes those difficulties arise because of the complicated circumstances of the cases, not because the victims were officers.

“Is there a reluctance on the part of juries to convict when the victim is a police officer?” he said. “I believe every prosecutor in this office would tell you absolutely not. Police officers enjoy a great deal of support, and deservedly so. But the factual settings in which these killings take place are themselves sometimes difficult.”

He added: “It’s a double whammy for the poor police officers. They’re thrust into a whole bunch of unlovely situations. And unfortunately, once in a while, an officer will be killed and, in some of those situations, it is sometimes difficult to bring facts before a jury with sufficient clarity that they understand what took place.”

William Nimmo, Butler’s defense attorney, said the mistrial was a relief.

“I obviously would have rather had a not-guilty verdict,” he said. But, he added, “Six to six tells me there’s serious disagreement on what happened Jan. 9, 1988.”

Nimmo had argued that another gang member shot Hartless after the officer chased him. Hartless’ partner could not identify Butler as the man Hartless was chasing.

Butler was arrested at a house some blocks away. An initial search of the back yard failed to locate the murder weapon, but it was later found there under a lemon tree. Butler’s fingerprints were not found on the gun, and there was no gun residue in his pants pockets, where some would be expected, Nimmo argued, if a recently fired weapon were placed there.

“I wish I could free my client and fry whoever did it,” said Nimmo, noting that Butler has been in custody since shortly after the shooting. “There are a lot of people out there who could come forward. (But) it’s real difficult for someone to come into court and name the real killer, especially when he’s still out on the streets.”

On Monday, the jury had convicted Butler on one count of possession of a firearm by an ex-felon, but Nimmo said it was a minor charge, punishable by up to one year in prison.

Butler and the attorneys are due in court again Friday to pick a sentencing date on the weapons charge and to see if the district attorney seeks a new trial.

“I hate to go through another trial, but if we have to, we will,” said Bernice Butler, the defendant’s mother.

Had they convicted Butler of first-degree murder, the jury would have had to recommend whether Butler would be given the death penalty or a life term in prison without parole.

County News Service contributed to this story.