Judge Sets Murder Retrial of Stacy Butler for October

A retrial of Stacy Butler in the 1988 shooting death of San Diego Police officer Jerry Hartless has been scheduled for October.

Deputy Dist. Atty. Keith Burt told San Diego Superior Court Judge William Kennedy that he prefers to start the retrial in one month. Butler’s attorney, William Nimmo, argued that a retrial next month would “not be in my client’s best interest.”

Kennedy asked Butler, 29, a gang member from East San Diego, if he objected to the delay or if he preferred a retrial to start next month.

“I don’t think I’m ready for it (now),” said Butler, waiving his right to a speedy trial.

Butler told the judge a fall date “sounds all right to me,” adding that he has been in jail for 3 1/2 years, so a few more months in custody would not make a difference.

The prosecutor said that, if the retrial couldn’t begin in July, he would have no objection to a fall trial date.

Jury selection will begin October 25.

Because the case involves a capital crime, the 500 potential jurors will be screened about their feelings for or against the death penalty.

A mistrial was declared Wednesday by Kennedy after 18 days of deliberations by the jury, which was split 6 to 6 after eight ballots.

The jury did find Butler guilty of possessing a firearm as a felon, but his attorneys and Butler agreed to postpone sentencing Friday until after the second jury reaches a verdict in the slaying.

Hartless, 24, was shot in the forehead Jan. 9, 1988, while chasing a man in East San Diego.