Louis Moon, 39; Claude Hale, 28; Michael Bay Sr., 46; Michael Bay Jr., 26; William Bogart, 30; Timothy Jones, 41; and Scott Schaefer, 31, were all charged either with Butler’s death or crimes connected to it.
Last month, Moon pleaded guilty to weapons misconduct and received a three-year prison term. Moon was also convicted and sentenced to five years in prison in federal court for being a felon in possession of a firearm.
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First up was Hale. He had pleaded guilty to one count of manslaughter.
Prosecutors say he fired the gun that killed Butler. According to Assistant District Attorney Allison Collins, Hale showed up at a home to meet Butler. The two fought over Butler’s gun and Butler ended up dead.
Collins, in asking for a seven-year term, pointed out that after Butler was shot, Hale didn’t do anything to help. He ended up leaving Butler’s body sitting up in the cab of Butler’s pickup, which he parked on Barry’s Resort Drive.
“He was trying to figure out how to get rid of the body, how to basically keep himself out of jail,” Collins said.
Hale’s attorney, Joseph Van De Mark, urged Superior Court Judge Eric Smith to keep in mind that while it seemed clear that the Hale’s co-defendants had spent two weeks rampaging through the Valley looking for Butler, his client had not.
Referencing evidence that Hale had been drafted into the group to help find Butler, he said, “He led them on a wild goose chase, not to find Jeremiah Butler.”
Butler’s mother, Katie Campbell, used her testimony to talk directly to all six defendants.
“I hope you remember what you did every time you look in the mirror,” Campbell said. “You all have a second chance, something that you took away from Jeremiah.”
After the arguments, Smith decided on a term of 10 years with five suspended , leaving five years to serve in prison.
Next up was Michael Bay Sr., who had previously pleaded guilty to assault, conspiracy and evidence tampering.
Prosecutors say he was the ringleader of the group, coordinating a string of meth-fueled burglaries and beatings. Their first victim was Michael Plummer, who prosecutors say Jones had heard was messing around with his wife. They then hit other houses searching for Butler after they heard he’d told troopers he’d found out who’d beaten Plummer.
“It’s really shocking the type of lifestyle these people were living,” Collins said.
Unlike Hale, Bay chose to speak on his own behalf. He directed his comments mostly at Campbell.
“I’m very sorry for the loss of your son,” Bay said.
But, he said, things didn’t go down like the prosecutors said.
“I thought Plummer said he was going to leave my two kids in a pile of blood,” Bay said, though he didn’t admit he’d ordered Plummer’s beating. Nor, he said, did he send people out looking for Butler.
“I did not send nobody to kill your son,” Bay said. “Claude stood up and said, ‘I can take care of that. He’s my friend. I can get this squished.’”
Campbell briefly conversed with Bay, asking him why, if that’s true, he let his own son get wrapped up in the whole saga.
“There was nothing going to happen,” Bay told her.
Smith’s job in this case was simpler than in Hale’s — the attorneys had agreed on a seven-year prison term. He tacked on an additional five years of suspended time.
Next to go Monday was Schaefer. He’d pleaded guilty to burglary, weapons misconduct and conspiracy. Attorneys had agreed he was so serve no more than seven years in prison.
Collins pointed out that Schaefer had a history of disregarding his punishments for low-level crimes that didn’t bode well for his rehabilitation. She also said he had trouble owning up to his own behavior.
“He admitted to daily methamphetamine use but claims he doesn’t need treatment,” she said.
Schaefer’s attorney, Allan Beiswenger, pointed out that since his client was arrested he hasn’t done drugs and has been focused on raising his children. He said Schaefer kicked his habit on his own and any order that he attend treatment would interfere with his efforts to get his life back on track.
“Mr. Schaefer was a part of this group, or horde, or whatever you want to call it, as a way to get meth,” Beiswenger.” He certainly had no idea or intent that Mr. Plummer was going to be injured as seriously as he was.”
Smith decided on a 10-year term for Schaefer with five suspended with five to serve. He also ordered that he attend drug treatment.
“I think you’re kidding yourself big time if you think you can handle this without professional assistance,” Smith said.
And, lastly, there was Bay Jr. Most accounts of the beatings and murder have Bay Jr. playing a relatively minor role. He pleaded guilty to burglary. Collins pointed out, though, that it was a very serious burglary.
“It’s not just someone going into a home to take a stereo when no one’s there,” she said. “They proceeded to kick the door in, go inside. Multiple rounds were fired from their firearms.”
When his time came to talk, Bay Jr., pointed out that he wasn’t armed, that he didn’t smoke meth with the rest of the crew.
“I just want to move on with my life,” he said. “Michael Plummer is a friend of mine. Jeremiah Butler was a friend of mine.”
Smith took his time in deciding Bay Jr.’s sentence. His attorney had asked for a one-year sentence — close to time already served in jail awaiting trial.
“I agree Mr. Bay Jr. had a lot less culpability in this whole mess than anyone else,” he said.
Eventually, he said, “I’m just going to impose a year. I hope I’m not making a mistake.”
Contact Andrew Wellner at andrew.wellner@frontiersman.com or 352-2270.
Comments
3 comment(s)Julie wrote on Apr 5, 2009 8:57 PM:
washington wrote on Apr 2, 2009 9:09 PM:
this was a group of men who teamed together to find and beat Jeremiah, and yet they set free on firearm, burglary, conspiracy and one on manslaughter with a max 10 years that they wont even have to serve.
Jeremiahs life was forever. "
washington wrote on Apr 1, 2009 12:26 AM:
he was not only upright, but "posed".(and exploited).
shame on your "judicial system"!!
i guess we know who greases the palms in Wasilla. "