Tag: Stew Butler

Proescutor to Appeal in Stew Butler Case

A prosecutor says he’ll appeal a judge’s ruling that violence or violent threats based solely on a victim’s sexual orientation aren’t considered a hate crime under West Virginia law.

Cabell County Prosecutor Sean “Corky” Hammers told the AP he’ll appeal to the state Supreme Court.

Judge Paul Farrell’s decision Friday allows hate crime charges to be dropped against ex-Marshall University football player Steward Butler. He’s accused of assaulting two gay men after seeing them kiss on a city street in April 2015.

Farrell ruled that state lawmakers haven’t included sexual orientation protections in state law.

Butler pleaded not guilty to two counts of felony civil rights violations and two counts of misdemeanor battery.

The state Supreme Court previously declined to hear Farrell’s question whether protections extend to sexual orientation.

Judge to Address Hate-Crime Question in Case

A West Virginia judge says he plans to rule whether a former Marshall University football player accused of assaulting two gay men after he saw them kissing on a city street can be charged with a hate crime.

Cabell County Circuit Judge Paul Farrell is presiding in the case of Steward Butler. The 24-year-old Huntington resident has pleaded not guilty to felony civil rights violations and misdemeanor battery.

The state Supreme Court had declined to hear a request by Farrell on whether state civil rights code includes violent actions directed at another person based solely on the victim’s sexual orientation.

The Herald-Dispatch reports Farrell on Monday asked for written arguments from prosecutors and the defense by March 21, after which he will take 10 days to make a decision.

Court Won't Answer Hate-Crime Question in Ex-Player's Case

The West Virginia Supreme Court has chosen not to rule on whether a former Marshall University football player accused of assaulting two gay men after he saw them kissing on a city street can be charged with a hate crime.

The Herald-Dispatch reports the order was issued Feb. 9 in Steward Butler’s case.

Butler has pleaded not guilty to two counts of felony civil rights violations and two counts of misdemeanor battery stemming from the alleged April incident.

In December, the court was asked to decide whether state code protects an individual’s civil rights if the crime is based solely upon the victim’s sexual orientation.

Prosecutors contend the violation is based on the victim’s sex, not sexual orientation.

Cabell County prosecutor Sean Hammers says the charges will remain unchanged.

Trial Set for Marshall Football Player Accused of Hitting Gay Couple

A former Marshall University running back will face trial on Jan. 26 on charges of hitting a gay couple.

The Herald-Dispatch reports a Cabell County circuit judge set the tentative trial date during a status conference Tuesday for 24-year-old Steward Butler of Lakeland, Florida.

Indictments unsealed in late May charge Butler with two felony civil rights violations and two misdemeanor battery counts.

Butler is accused of striking two men who were kissing on a Huntington street on April 5. He was dismissed from the team and no longer attends Marshall.

The civil rights violation relates to the men’s gender. Butler attorney Raymond Nolan and Cabell County assistant prosecutor Lauren Plymale agreed to submit questions to the state Supreme Court concerning whether hate crime statutes include protection for sexual orientation.

Marshall Running Back Accused of Beating Two Men — Dismissed From Team

According to the Huntington Herald-Dispatch Marshall University running back Steward Butler was arrested Wednesday morning and charged with two counts of battery. 

Butler turned himself in Wednesday morning. The criminal complaint against Butler says on April 5th moments after witnessing two men kiss, Butler exited a passing vehicle and shouted derogatory comments toward the men before striking the face of both victims with a closed fist. One of the victims captured the incident on video.

After being arraigned Butler was released on a $10,000 recognizance bond. The charges Wednesday morning were misdemeanors, but the evidence has been turned over to the FBI for a review of any civil rights violations.

In a released statement, Marshall University Interim President Gary White said the university won’t stand for the behavior.

“The entire university community is shocked and disappointed to learn the details surrounding the alleged actions that led to Mr. Butler’s arrest this morning, ” White said. “The type of violent, bigoted behavior reported to have been perpetrated by this student is not tolerated at Marshall University. Period. This is an extremely serious matter.”

ACLU-WV Executive Director Jennifer Meinig issue the following statement:

“West Virginia is a place of tolerance, kindness and hospitality. The alleged assault of two gay ment by a Marshall University running back Steward Butler has no place in any West Virginia community. Our thoughts are with the victims of this senseless violence.”

Marshall University Athletic Director Mike Hamrick announced later in the afternoon that Butler had been dismissed.

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