SCHENECTADY, N.Y. – A high profile Schenectady arson case against
a local man has been dropped, according to court documents.
Robert Butler was previously charged in
a federal complaint with setting the May 2 fire that killed 33-year-old
David Terry, 3-year-old Layah Terry, 2-year-old Michael Terry, and 11-month-old
Donavan Duell. Safyre Terry, 5, was also badly burned and remained in critical
condition for a number of days following the incident.
The Saratoga Springs man was arrested shortly after the deadly
blaze at 438 Hulett Street. His case was bumped up to the federal court,
meaning he could face a possible death sentence.
On Friday, the United States Attorney's Office dropped their case
against Butler. The man left the Rensselaer County Jail a free man.
Terry Kinlon, a local defense attorney said he wasn't surprised
about the move.
Butler's attorney, Assistant Federal Public Defender
Timothy Austin said his client is innocent. Austin said that after reviewing
the surveillance video, they identified another man coming and going from the
Hulett Street home at the time of the tragic fire.
However, the case was dismissed without prejudice, which
means Butler could face further charges.
Court documents state the dismissal stems from the case involving
“unusual and complex facts,” with the complaint based upon
allegations that the defendant used gasoline to start the fire. The documents
go on to explain that the gravity of the crime and potential punishments
“necessitate further investigation.”
Read the full dismissal letter below the comments section on this page.