GENERAL MANAGER
A 38-year-old habitual criminal who was charged with multiple felonies was found guilty of most of those charges at the end of a threeday trial last week.
Joshua Duane Butler of Wetumka was sentenced by Associate District Judge Brendon Bridges to five life sentences plus 11 years in prison. Formal sentencing has been set for 9 a.m., May 1.
Butler stood trial on seven charges including, among others, endangering others while eluding/attempting to elude police and two counts of running a roadblock.
The jury at last week’s trial found Butler not guilty of kidnapping.
He was found guilty of endangering others while eluding police; running roadblocks; possession of a sawed-off shotgun and possession of marijuana with intent to distribute.
During the penalty phase of the trial, Assistant District Attorney Carmen Rainbolt presented to the jury Butler’s thick criminal file.
In May 2020 Butler was charged with assault & battery with intent to kill. In a plea bargain in April 2022, he pled no contest and was sentenced to 15 years in prison with all of the time suspended but for the first five years.
He was out on parole when he was charged with his latest crimes.
Butler’s lengthy life of crime began more than 20 years ago, when he was first charged with unlawful manufacture of CDS.
Through the years he was guilty of numerous felony crimes ranging from burglary to cultivation of marijuana to domestic abuse (assault and battery) to endangering others while eluding or attempting to elude police.
His latest crime spree took place on Aug. 17, when he allegedly kidnapped his brother Aaron Butler and another man, Layton Flud.
According to investigators Joshua Butler thought his brother was having an affair with his girlfriend, Felicia Whitetree.
Investigator Kevin Branscum, with the District Attorney’s Office District 25, stated in a Probable Cause Affidavit that on Aug. 17 Aaron Butler called the McIntosh County Sheriff ’s Office and reported that Joshua Butler came to his residence in Wetumka, demanded the keys to his truck and took him to a rural area of Hughes County where they picked up two females, identified as Felicia Whitetree and Laina Bear.
Aaron Butler reportedly attempted to flee on foot at that time but was caught by his brother.
The four then went to the residence of Layton Flud near Eufaula, where Flud and Joshua Butler got into a verbal altercation about Flud allegedly claiming to have seen Whitetree having sex with Aaron Butler, according to the report.
Following the telephone call by Aaron Butler, McIntosh County Sheriff Deputy Zach Todd arrived on the scene as the truck was leaving the scene and pursued the vehicle, which drove into a wooded area.
Joshua Butler reportedly then turned the vehicle around and came toward Dep. Todd, who attempted to block the roadway by parking his cruiser in the middle of the road.
The fleeing vehicle went around the roadblock, struck a mailbox and continued its escape.
Branscum said at this point he joined the chase.
Deputies Dalton Thomas, Doug Tallon and Matthew Youngblood established a roadblock but were unsuccessful in stopping the truck.
“(Butler) continued driving recklessly, passing numerous other motorists, running off the roadway, running stop signs and driving at speeds in excess of 100 mph,” Branscum said.
He said eventually Butler attempted to turn onto a county road east of Hanna, lost control of his vehicle and ran into a ditch.
Officers retrieved several items that had been thrown from the truck during the chase, including 3.2 pounds of marijuana and a sawedoff shotgun.
Whitetree, a Native American, was charged with distribution of a CDS including possession with intent to distribute; also, with possession of a firearm after a former felony conviction and possession of a sawed-off shotgun/rifle.
Those charges were dismissed on Oct. 3 because of a lack of subject matter jurisdiction, which was based on the McGirt ruling by the U.S. Supreme Court which prohibits Native Americans allegedly committing crimes in Indian Country from being tried in state district courts.
Flud, 53, of Hanna, was charged with two counts of possession of a controlled drug with intent to distribute and obstructing an officer.
On Oct. 4 he pled guilty to the charges and was sentenced to drug court. If he fails to complete drug court, he faces the possibility of seven years in prison.
