2010-08-05 / Front Page

Buterbaugh Enters Plea In Homicide

Hustontown man pleads not guilty in death of Dale Henry
STAFF REPORT

Gerald Buterbaugh Gerald Buterbaugh A Hustontown man accused of intentionally striking a former Burnt Cabins resident with his pickup truck outside a popular Metal Township, Franklin County, bar has entered a plea of not guilty in connection with the lone count of criminal homicide levied against him.

Forty-one-year-old Gerald “Choo” Buterbaugh appeared before the Franklin County Court of Common Pleas for mandatory arraignment last Wednesday on charges filed by Pennsylvania State Police in Chambersburg stemming from the Memorial Day death of Dale Steven Henry.

Buterbaugh, of 243 North Clear Ridge Road, turned himself in to authorities on June 8 and underwent a preliminary arraignment before Magisterial District Judge Gary Carter. He has remained incarcerated and held without bail in the Franklin County Prison since that time.

Media reports following Buterbaugh’s arraignment last week said that defense attorney Chris Sheffield will be filing a motion for a bail hearing on the basis Buterbaugh is not a flight risk and does not pose a danger to others. In the meantime, Sheffield awaits the results of Henry’s autopsy report and prepares for discovery and the impending trial. Franklin County Assistant District Attorney Timothy Wilmot is tentatively scheduled to prosecute the case on behalf of the commonwealth.

Law enforcement officials were initially alerted to the incident in the parking lot of the Hillside Tavern located at 19359 Fannettsburg Road when a phone call was made to the Franklin County 911 Center.

According to charging documents filed by state police Trooper Jason Cachara, eyewitnesses observed Henry, 32, arguing with several men. The men exited the parking lot in a green 1980s model truck at 2:37 a.m. but not until after hitting Henry, who was then found by emergency responders in a state of unconsciousness. Buterbaugh’s1986 Ford F-150 has since been seized and is being held for evidence

Henry, who most recently resided in East Waterford, was taken by helicopter to Altoona Regional Trauma Center where he was pronounced brain dead almost 12 hours later by Blair County Coroner Patricia Ross.

Trooper Cachara’s affidavit of probable cause further said that Buterbaugh stopped by the Mc- Connellsburg state police barracks the same day of the accident and told police there had been an altercation outside the bar and one of his friends had been “beaten up.” Buterbaugh alleges he was at- tempting to leave the crowded parking lot and drove in the direction of the people who had fought with his friend.

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