Scotty Butters cross by Mr. Berneburg

SCOTTY BUTTERS – Cross by Mr. Berneburg – 5/19/04

Volume 30, page 2228

murder in the first degree, correct?

A: Yes.

Q: And do you recall in your —— do you recall filling out a statement of defendant on plea of guilty with your attorney?

A: Yeah.

Q: Do you recall in that form that you had to make a statement to the court what you did that makes you guilty of murder in the first degree?

A: Yes.

Q: Do you recall what your statement was?

A: That I acted as an accomplice in the act of first—degree murder.

Q: So you acted as an accomplice to murder in the first degree. Now, as an accomplice, it’s fair to say that what you meant was, you knowingly assisted in the commission of murder in the first degree, correct?

A: I guess.

Q: And your testimony that you’ve given earlier was that Kurtis did not knowingly assist in the crime of murder in the first degree, did he?

A: True.

MR. GREER: Your Honor, I’m going to object and ask that be struck, based on the province of the jury, and I don’t recall that being testified to.

SCOTTY BUTTERS – Cross by Mr. Berneburg – 5/19/04

Volume 30 page 2252

A: Yeah.

Q. That was Shavonne?

A. Yep. Q.

Q: When you got to Kurtis‘, Kurtis didn’t really want to go out that night either, did he?

A: NO, he didn’t.

Q: In fact, it was Frye and Pillatos who were pushing to go out?

A: Yeah.

Q: There was no agreement, or the four of you didn’t, like, have a meeting and sit down and decide, okay, we’re going to go out and beat somebody up, did you?

A: No.

Q: You didn’t say we’re going to get together and go out and look for somebody to kill, did you?

A: No, we didn’t.

Q: In fact, there was no discussion of any kind at all like that that evening, was there?

A: No, there wasn’t.

Q: When you guys left the house, you all got into Pillatos’ car?

A: Yeah.

Q: Okay. Now, before you left, you had showed up. You had some brand—new boots, right?

A: Yeah.

Volume 30, page 2253

Q. I’m going to show you what’s been admitted as Exhibit Do you recognize these?

A. Yes, I do.

Q. Can you tell us what they are?

A. They’re my boots.

Q. New boots?

A. Fairly new, yeah.

Q. Now, at this time you were working, weren’t you?

A. Yes, I was.

Q. Had you worked, I think, out of Labor Ready, was it?

A. Yeah.

Q. You did manual, physical labor, right?

A. Yeah.

Q. And boots would be a good thing to wear in the kind of employment that you were involved in, right?

A. Uh—huh. (Answers affirmatively.)

Q. Prior to getting your new boots, Kurtis let you wear his boots to work?

A. Yes.

Q. And in the course of wearing Kurtis‘ boots at work, they got scuffed up, beat up?

A. Well, yeah, of course.

Q. This night when you show up on the 23rd with new boots, said, “If I’m going out, I’m wearing your boots,” right?

Volume 30, page 2254

A. Yeah. He said, “I’m going to wear your boots if I’m going to go anywhere,” all right.

Q. So there was a discussion between you two about the 4 boots?

A. Yeah.

Q. It was finally agreed upon that Kurtis would get to 7 wear the new boots, and you would wear Kurtis‘ boots?

A. Yeah.

Q. And before you left, that is in fact what you did, right?

A. Uh—huh. (Answers affirmatively.)

Q. So when you went out that night, Kurtis was wearing your new boots with the red laces, and you were wearing Kurtis‘ old boots with the red laces?

A. Yes.

Q. When you guys all go out, and you get in the car, this is Pillatos‘ car, the gray Ford Tempo?

A. Yeah.

Q. You couldn’t open the back doors of the car?

A. No.

Q. So you and Kurtis were going to sit in the back seat of this car?

A. Yeah.

Q. Pillatos was going to drive. And his girlfriend, fiance,”Tristain Frye was going to sit in the front seat by

SCOTTY BUTTERS – Cross by Mr. Berneburg – 5/19/04

Volume 30, page 2293

out there, right?

A: Yep.

Q: You all at this point have been drinking?

A: Yep.

Q: You were all under the influence of, I’ll call it, a startling event?

A: Yeah. You could say that.

Q: And there was some conversation in the car, correct?

A:Yeah.

Q: Frye thought it was pretty cool, didn’t she?

A: Yeah.

Q: She made a comment, “This means my baby gets to wear red laces, too,” didn’t she?

A: Yeah.

Q: Kurtis was in fact worried, wasn’t he?

A: Yep.

Q: He was worried because the taggers had seen his tattoo, and you had blood all over his boots?

A: Yep.

Q: Even though he didn’t beat Randall Townsend and wasn’t there when Randall Townsend was beaten? A: No. He was just worried because he was with us, and his tattoo was showing.

Q. You get back to the apartment and people start putting clothes in bags, right?

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