New judge OK'd for cop who
admitted shooting panhandler
Stephen Herzog
The former Springfield police
officer who last week pleaded guilty to
negligently shooting an unarmed man in the back will have his case heard by
a new judge.
Jason Shuck, who was scheduled
to be sentenced Wednesday afternoon, requested a new judge through his
attorney, Tyson Martin, Wednesday morning. Judge Ronald Carrier approved the
change and the case is set to be reassigned, according to online court records.
The sentencing hearing has now
been postponed pending the assignment of a new judge, but the case does not
start over.
Prosecuting Attorney Dan
Patterson said the case remains in the sentencing stage, with a possible plea
agreement for Shuck still on the table.
The
officer, who resigned from the department last month, proposed a deal with
Greene County prosecutors at his last hearing that would leave him with no
criminal record if he completes two years of unsupervised probation. He would
avoid jail.
The proposed agreement would
require Shuck, 35, to never work again in a job that requires him to carry a
firearm and to surrender his peace officer license. The charge is third-degree assault, which carries a maximum sentence
of a year in jail.
Patterson said the punishment
would be adequate, but Carrier didn't immediately approve the proposal. He put
off the sentencing and then granted the new judge. A new date for the
sentencing isn't set.
Martin filed the motion seeking
a change just before 11 a.m., and Carrier entered the order for a new judge
sometime after noon, according to the docket.
A message for Martin was not
returned Wednesday.
If filed within a certain time
period, an attorney's first motion for a change of judge must be granted
automatically. Both the defense and prosecutor have one opportunity to file for
a new judge without providing a reason.
Shuck has received at least one
letter of support, according to court records.
Brian Sims, director of student
services for Fair Grove Schools, sent Carrier a letter on Shuck's behalf.
"Professionally, I have
always experienced Mr. Shuck to be highly ethical and responsible," he
wrote. "He has helped me in my duties supporting children with
disabilities by being a sound resource.
"Personally, I have known
Mr. Shuck as an upstanding member of the community. It is truly unfortunate
that he has made a mistake in his former job as a policeman. I cannot begin to
understand the type of pressure that he must have been under on the day of the
shooting. ... I am writing this letter unsolicited, so that you may understand
that I believe it is in the public interest to accept his plea bargain and let
him restart his life."
Shuck told authorities that he
meant to use his Taser when he shot Eric Butts on May 9 near the Walmart
Neighborhood Market at 1320 S. Glenstone Ave., as Butts was running away.
Butts, a convicted burglar who
had served time in prison, was panhandling at the Walmart. He was wanted on a
warrant for failure to appear in court on a parole violation at the time of the
shooting. Court records indicate Butts has been diagnosed with mental illnesses
including schizophrenia and bipolar disorder.
Only seven prior cases of a
suspect being mistakenly shot with a handgun instead of a Taser have been
documented, according to Greene County court documents filed in the case.
That's out of about 2.2 million uses of a Taser.
Shuck carried his
department-issued Glock semiautomatic pistol on his right side and his Taser on
his left side. He had to reach across his body with his right hand to draw the
Taser, which weighs about a third as much as the handgun, according to
documents.
The
shooting seriously damaged the intestines of Butts, forcing him to use a
colostomy bag. Butts underwent surgery on Aug. 14 to repair
the damage and is expected to make a full recovery.
Butts has retained a lawyer,
who has said he'll seek damages against the city.
