Butcher claims frosh's murder was 'accidental'

The Chester man who has admitted pulling the trigger in the 1989 shooting death of a University student testified yesterday that he did not intentionally shoot Engineering freshman Tyrone Robertson and that he only meant to scare him by shooting at the ground. The confessed gunman, 21-year-old Arnold Butcher, testified yesterday that he fired the lethal shot not to kill Robertson, but only in an attempt to prevent Robertson from seriously harming a man he was fighting with. Butcher and two other witnesses took the stand yesterday during the first day of the defense's side of Butcher's "degree of guilt" hearing, in which the judge will decide if Butcher is guilty of first or third degree murder. Butcher's attorney, Spiros Angelos, said yesterday his two remaining witnesses are currently unavailable, and Deleware County Judge Anthony Semeraro delayed the rest of the hearing until March 15. If Semeraro decides that Butcher is guilty of first degree murder, the Chester man will be sentenced to a mandatory term of life imprisonment. If the judge finds that third degree murder is the appropriate charge, Butcher would face five to 40 years in prison and a fine of up to $50,000. Angelos's main objective in his questioning of Butcher was to convince Semeraro that Robertson's shooting death was an irrational, accidental or not premeditated action, which would mean that Butcher is only guilty of third degree murder. For Semeraro to find Butcher guilty of first degree murder, prosecutors will have to prove Butcher shot Robertson in a planned, rational or premeditated manner. In two hours of testimony, Butcher confidently recounted his version of the sequence of events which lead to Robertson's death. Butcher said he and Robertson's brother Paul became angered with each other after he saw Paul talking rudely to his girlfriend in a seafood restaurant in Chester. Butcher said he was afraid he might end up in a mismatched fight with Paul Robertson and his friends, so he sought help from two acquaintances. He called up the street to Michael Shaw and offered him and another man, Dwight Townsend, $100 to beat up Paul. According to Butcher, Shaw started a fracas with Paul, and Townsend began fighting with Tyrone Robertson. Tyrone, who has been described as physically large man and who was once a high school football star, immediately began to dominate the match, Butcher said, knocking Townsend down and standing over him while hitting him in the head. Butcher testified that he was watching the fight from about 10 feet away, and then drew his 44-caliber revolver with both hands in one fluid motion. He said he fired one shot in a downward direction, hitting Tyrone. He maintained throughout a detailed cross-examination by Assistant District Attorney Jay Mattera that he fired the shot solely out of concern for the safety of Townsend, emphasizing that he did not intend to shoot Robertson. "I wasn't trying to shoot him, I was just trying to scare him," said Butcher. "I wasn't trying to kill nobody." Butcher said that the other shots he fired at Paul were intended only to hit a wall. Butcher told the court he was "shook up" and "didn't know where to turn" after shooting Robertson and went to his grandfather's house. Butcher admitted to Mattera that he also threw the murder weapon away. In cross-examining Butcher, Mattera frequently used a condescending and sarcastic tone of voice in an attempt to illustrate his disbelief in Butcher's story. Two other witnesses took the stand during yesterday's hearing. Christine Moore, a paramedic who treated Tyrone Robertson at the scene of the crime, testified that she followed hospital regulations when treating Robertson and did not notice any of the internal bleeding which ultimately killed the freshman. Anthony Calhoun, a friend of Butcher's, testified that Butcher had been drinking that night and that his judgement was impaired by alcohol, perhaps affecting his senses when he used his weapon. Angelos added yesterday that Butcher can, at any time, withdraw his open plea to murder and will have a right to a jury trial. (CUT LINE) Please see HEARING, page 4 HEARING, from page 1

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