Man convicted of firing handgun on State Street given eight years in prison

After denying a defense motion for a new trial, Judge Robert C. Noonan today sentenced Dashawn Butler to eight years in prison.

Accused of firing a handgun at another person Sept. 27, 2013, on State Street, Butler was convicted Nov. 22 following a jury trial of criminal use of a firearm, 2nd, criminal possession of a weapon, 2nd, and attempted assault, 1st.

On a motion by Defense Attorney Thomas Burns, Noonan reduced the second count to criminal possession of a weapon, 4th.

Burns argued during the trial and in written motions that the charges should be dismissed and the verdict overturned based on his contention that the prosecution failed to produce significant evidence of a weapon being used.

There was no physical evidence in the case, Burns said. 

"In this case there simply is no physical or forensic evidence that the firearm my client is alleged to have possessed was loaded, if it had ammunition, and if it did, if the ammunition was capable of being ignited and propelled, and that the firearm itself was operable," Burns said.

While Burns characterized witness testimony as that of a "layperson's" account, Noonan, in his written decision and order, gave substantial credence to the testimony.

"Although the weapon in question was never recovered," Noonan wrote, "the victim's testimony that the defendant shot at him three times such that he could actually see the fire coming out of the barrel of the gun, together with other eyewitness testimony as to the defendant's possession of a small black revolver which he pulled out and shot at victim repeatedly before the gun jammed, as well as the defendant's subsequent possession of the same weapon and statements to the effect that the victim was not hit and the gun jammed either because the bullets were too big or blanks, provides sufficient, circumstantial evidence that the gun possessed by the defendant was operable immediately prior to jamming."

District Attorney Lawrence Friedman asked Noonan to send Butler to prison for a long stretch.

"Based on his criminal history and his conduct this case, involving firing a loaded handgun, not only at another person, but while other people were in the area, and based on this defendant's intimidation of a witness, which was laid out for the court in great detail, we're asking for the maximum sentence," Friedman said.

Burns suggest a minimum sentence would be more appropriate.

"My client is a young man who has children and does not have an extensive hard criminal history," Burns said. "Given the wide range of sentencing options available to the court, a minimum, determinate sentence would be appropriate."

Noonan said it was an unusual case and an unusual trial, but the conviction was serious enough to warrant the maximum sentence.