DA rests case in Robertson murder trial

and MICHAEL SIROLLY MEDIA -- A lifelong friend of the University student shot to death in December 1989 testified yesterday that he stood on the sidelines and watched as defendant Arnold Butcher drew his gun and shot Engineering freshman Tyrone Robertson once in the hip outside a Chester seafood restaurant. Prosecutors called Curtis Pinder and three other witnesses to the stand yesterday in the "degree of guilt" hearing of 21-year-old Arnold Butcher, who has admitting killing Robertson. The prosecution rested its case after yesterday's testimony in the second day of the Delaware County criminal court case. The hearing is being held for Judge Anthony Semeraro to determine whether Butcher is guilty of first or third degree murder. If Semeraro decides Butcher is guilty of first degree murder, Butcher will receive a mandatory sentence of life imprisonment. If Semeraro instead convicts him of third degree murder, Butcher may be sentenced to 5 to forty years in prison and may pay up to a $50,000 fine. To prove that Butcher is guilty of first degree murder, prosecutors attempted to show Butcher made a rational decision to seriously hurt or kill Robertson. Third degree murder, also known as manslaughter, consists of irrational or emotional violence. The prosecutor, Assistant District Attorney Jay Mattera, claimed that there was "overwhelming" proof of malice in Robertson's shooting, arguing that Pinder witnessed "intentional" acts performed with a "specific intent to kill." Pinder's testimony detailed the chain of events which lead to Robertson's shooting. He said he, Robertson, and Tyrone's brother Paul left a Chester bar at about 2 a.m. to go to a seafood restaurant after Paul was involved in an argument with Butcher in the bar. Pinder testified that while Paul was in the restaurant, he overheard Butcher tell two other men he would pay them $100 to beat up Paul. As Paul exited the restaurant, Butcher pointed out Paul to the two men, who immediately started fighting with Tyrone and Paul, Pinder testified. He said Tyrone knocked one of the men down and was beating him up when Butcher, who was not involved in the physical fighting, drew his gun and shot Tyrone. Butcher then ran around the corner and fired three shots at Paul. During cross-examination, Butcher's attorney Spiros Angelos pursued a line of questioning that implied Butcher shot the physically large Tyrone to prevent him from seriously harming the man he was fighting. Angelos also said Butcher was being taunted by a crowd of people before he shot Tyrone, thus causing him to act irrationally. The victim's brother, Paul, was also called to the stand, and said he remembered Butcher confronting both himself and his brother twice that night, the second time with the gun visible under his belt. Robertson testified that he did not believe Butcher would use the gun, however. Robertson could say little about the fracas outside the restaurant because he was pulled around the corner during the fight. He said he did not see Butcher until he was shooting at him after he had already shot his brother. Other witnesses included a police firearms expert who said the 44-caliber bullet casing removed from Robertson's body indicated his death was the result of a direct shot and not a ricochet, fired from a handgun nearly twice as powerful as those police carry. Prosecutors also called a police narcotics officer who testified that he received a phone call from Butcher in January 1990, after the defendant had fled to Ohio and become a fugitive wanted by both Chester County police and the FBI. The officer said Butcher told him he planned to turn himself in when he had enough money to hire a good lawyer. The officer said he asked Butcher during the phone conversation why he shot Robertson. He said Butcher replied three times, "He was fucking with me." Butcher's attorney was unsuccessful in a motion to "demerit" the murder charges against Butcher. In the motion, Angelos claimed the prosecution has failed to clearly prove Butcher meant to kill Robertson. The defense will begin calling witnesses tomorrow at 9:30. Attorneys said they expect the case will continue through Monday.

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