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Tuesday, June 09, 2009
Fleeing Felon Accused in Death of Former Officer
By T.J. Wilham And Hailey Heinz
Journal Staff Writer
The man charged in an early morning crash that claimed the life of a former State Police officer was a convicted felon recently released from prison. A criminal complaint says he was fleeing from officers in a stolen car and had a gun in the vehicle.Jason Butner, 23, was arrested two hours after he allegedly ran a red light and crashed into a car driven by 86-year-old Leo Baca. Baca died at University of New Mexico Hospital. His 84-year-old wife suffered minor injuries and also was taken to UNMH.
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Butner had been sentenced to probation just weeks ago after getting out of prison. He was driving a car that had been reported stolen and there was a .22 caliber revolver on the floor of the car, according to a criminal complaint.
Butner was being chased by a sheriff's deputy at the time of the crash, and officials are investigating whether the department's pursuit policy was followed. The deputy has been placed on administrative leave.
In December 2006, Butner was sentenced to three years in prison and three years of probation for several charges rolled into one case, including forgery and receiving or transferring a stolen motor vehicle, according to court records.
While he was in prison, Albuquerque police working on an unrelated auto theft case matched Butner to a latent fingerprint that tied him to an auto theft. When he was released from custody in February, he was immediately taken to the Metropolitan Detention Center, where he was held for about two weeks.
At that point he was sentenced to probation for the new auto theft charge, in addition to his existing probation, according to court records.
District Attorney spokesman Pat Davis said Butner was given probation largely because his other offenses couldn't be used in sentencing, because the auto theft actually happened first.
At the time of the crash, corrections records show Butner was on probation and parole for at least four different charges.
Monday's crash happened after a Bernalillo County sheriff's deputy saw Butner speeding through the parking lot of the Econo Lodge motel near Tramway and out onto westbound Central. Butner then led the deputy on a chase that sometimes exceeded the speed limit by 25 miles per hour.
Bernalillo County Sheriff Darren White said Monday his department is investigating whether the deputy followed his agency's chase policy.
Under the policy, deputies can pursue vehicles if the driver is suspected of a violent felony or is driving in a manner that compromises public safety. However, sheriff's officials said if the chase creates a danger to the public, it is supposed to be terminated.
The deputy did consult a supervisor while he was pursuing Butner, and the supervisor asked about conditions of the pursuit. The crash occurred before the supervisor gave permission about whether to continue the pursuit.
The chase ended about 2:30 a.m. when Butner ran a red light at Juan Tabo and Constitution NE and crashed into Baca's car, which was going west on Constitution.
Butner fled on foot. He was taken into custody a short time later, but not before he asked a nearby resident whether he could use her phone. The resident said she immediately went inside and called 911.
"He looked like he was hurt, too," she said. "He was limping."
Butner has been charged with homicide by vehicle, aggravated fleeing from law enforcement, receiving or transferring a stolen motor vehicle, being a felon in possession of a firearm, and leaving the scene of an accident causing death.
Butner had not been booked into jail Monday because he was at the hospital being treated for his injuries.
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