Pennsylvania Trial Lawyers

Franklin County judge sentences Hustontown man to 15 to 40 years for murdering ...

The Hustontown man intends to appeal, and has already retained a new attorney, David Foster, to take over his case.

Foster has also been handling the appeal of Chad Kirby, the formerly convicted Mainsville man who was recently granted a new trial in the 2009 shooting death of his neighbor.

Buterbaugh, 42, was found guilty of third-degree murder following a four-day jury trial that began March 29. The evidence showed he struck Dale Steven Henry, 32, Burnt Cabins, with a pickup truck outside the Hillside Tavern, fatally injuring him on May 31, 2010.

His sentence includes credit for exactly one year already spent in Franklin County Jail. He was arrested, charged with criminal homicide, and incarcerated on June 8, 2010.

In addition to prison time, Buterbaugh was ordered to pay a $500 fine, court costs and about $14,800 in restitution to Henry's family, Pennsylvania State Police and the Franklin County Treasurer's Office.

Based on state sentencing guidelines for third-degree murder, Buterbaugh faced a minimum of about eight years in prison and a maximum of 40. Judge Richard Walsh imposed the sentence after hearing from the lawyers, family members and friends on both sides of the case.

Assistant District Attorney Jonathan Lisko asked that Buterbaugh be incarcerated for the maximum amount of time allowed under the law, and commented that it was still "not enough." He said Buterbaugh has not yet shown remorse for what happened, since he maintains that it was an accident.

"Until he owns up to the fact that he is a murderer, he can't be rehabilitated," Lisko said.

Henry's mother, Denise Rodriquez, spoke emotionally about the loss of her son. She said his death coincided with the 16th birthday of his daughter, and pointed out that Buterbaugh's family can still visit him in prison.

"I'll never see my son again. His children will never see him again," she said. "The longer he stays in prison, maybe not another mother will have to go through what I'm going through."

Buterbaugh addressed the judge briefly, wearing an orange jail jumpsuit and shackles. His hair has been shaved into a crewcut since the trial, and his long beard has been replaced by a goatee. He spoke softly with a wavering voice, and his words were difficult to hear.

Philadelphia Workers Compensation Attorney | Jerry M. Lehocky ...

For legal assistance with workers compensation matters, speak to Philadelphia workers compensation lawyer Jerry M. Lehocky.

Email: Jlehocky@pondlehocky.com | Phone: (215) 568-7500

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