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Daniel Butts indicted on 24 charges, including aggravated murder

Daniel Butts indicted on 24 charges, including aggravated murder
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Butts court proceedings

The aggravated murder case against Daniel Armaugh Butts will not go before a grand jury this week, officials in Columbia County said Wednesday.

Butts, 21, of Kalama, was charged last week in the Jan. 5 shooting death of Rainier Police Chief Ralph Painter, 55, but the case must go before a grand jury for an indictment before the case can continue.

Officials said they expect to present the case either next week or the week after. Grand jury proceedings are not public. Butts remains in solitary confinement in the Columbia County Jail.

Rainier Police Chief Ralph Painter was killed with his own gun after suspect Daniel Armaugh Butts allegedly rendered him defenseless. Butts then used that same gun to fire at five more people on Jan. 5, according to Columbia County officials and a 24-count indictment handed down Friday afternoon.

Butts, 21, of Kalama now faces 24 charges, including nine counts of aggravated murder, five counts of aggravated attempted murder and charges of robbery, burglary, theft, unauthorized use of a vehicle and reckless endangerment. Columbia County District Attorney Stephen Atchison said the multiple counts of murder and attempted murder are because Oregon law requires a separate count for each element of the crime.

The charges, handed down by a grand jury which met in St. Helens for two days of testimony and deliberation, will permit prosecutors to seek the death penalty, but Atchison said a decision on whether or not to do so has yet to be made.

Butts is scheduled to be arraigned on the charges Wednesday, when he'll be asked to enter pleas to each count. The grand jury decides only if there's probable cause a crime was committed and Butts' guilt or innocence will be decided at trial.

Painter, 55, died from a single gunshot to the head Jan. 5 and Butts was arrested about half an hour later after allegedly firing at other officers and then being shot in the back by one of them, according to police reports.

Officials still haven't released many details of the shootings, but Columbia County Sheriff Jeff Dickerson said Friday that Butts was allegedly able to sieze Painter's gun because Painter "was unable to prevent" such an action. Neither Dickerson nor Atchison would give any further detail, such as if Painter had been knocked unconscious.

The indictment does state, however, that one count of aggravated murder stems from Butts allegedly killing Painter to cover up the crime of assault and another accuses Butts of causing "serious physical injury" to Painter as Painter tried to stop Butts from stealing a 1967 Chevrolet Chevelle.

The indictment also alleges that Butts killed Painter "in an effort to conceal the commission" of robbery, burglary, theft and assault.

Police have said Painter was initially called to the Rainier Sound Authority, an auto stereo retailer at 75938 Rockcrest St., by a report of a car theft and then got into a struggle with Butts.

After Painter was shot in the head, the indictment alleges that Butts then tried to kill another man, a private citizen previoulsy listed as an eyewitness to Painter's shooting, inside the store with the pistol and also fired at Clatskanie Police Chief Marvin Hoover as he responded to the scene. Both alleged actions are listed as attempted aggravated murder charges in the indictment.

The indictment also alleges Butts fired the pistol at three people in the nearby Rainier Assembly of God Church, leading to three counts of reckless endangerment.

Painter's death shocked the small riverside town of 1,700 and lead to an outpouring of support from fellow officers and citizens from across the nation. About 3,000 people attended a public memorial for Painter in Portland last week.

Atchison said he needs to do more investigating and talk with Painter's family and investigators before deciding if he'll seek the death penalty in the case. There's no set date for his decision, Atchison will need to inform the judge and Butts' defense attorney before going to trial.

Butts remains in the Columbia County Jail in solitary confinement due to the serious nature of the charges. He's receiving medical care at the jail for the bullet that remains in his back, Dickerson said. He's being held without bail.

Hoover, Clatskanie Sgt. Shaun McQuiddy and Longview police Officer Doug Kazensky were placed on administrative leave after the shooting, as is common in cases involving an officer discharging a weapon. All three were cleared by the grand jury Friday and can return to work, Dickerson said.

"The grand jury found their use of deadly force was justified," Dickerson said.

Butts' father, Mikel Butts of Kalama, had not heard of the indictments when contacted by telephone Friday evening and said he was too much in shock to comment.

Copyright 2012 The Daily News Online. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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