PORT ST. JOE — Prosecutors will begin laying out their case Wednesday against a man accused of murder.
After 14 hours of interviews, a jury of six and two alternates were Tuesday afternoon, and opening statements followed before Circuit Court Judge John Fishel adjourned court for the day. The trial is expected to last up to two days.
Ten members of the murder victim’s family were in the courtroom Tuesday as State Attorney Robert Sombathy focused on Butler’s alleged racist remarks toward fellow members of the Pine Ridge apartment complex in Port St. Joe. Prosecutors say the incident escalated over the course of the day and ended with Butler allegedly shooting Everett Gant between the eyes with a .22 rifle.
He is charged with second-degree murder evidencing prejudice based on race.
During his statements, Sombathy focused on Butler’s apparent intoxication the night of July 30, 2012, and made it clear to the jury that Butler and the victim had no prior issues.
“They were not enemies at all,” Sombathy said. “They got along fine.”
Sombathy said Gant showed up at Butler’s apartment unannounced and the jurors were asked to consider if Butler handled the situation like a “reasonable, prudent and cautious person.”
Butler had used racial slurs against a child in the community, which spurred Gant to approach the defendant’s home, prosecutors said.
“This shooting meant no more to Butler than shooting a dog,” Sombathy said.
Deputy Public Defender Mark Sims focused his arguments on a man he described as feeling threatened and simply defended himself in his home.
According to the arresting affidavit by former Sheriff Joe Nugent, after shooting Gant, Butler closed the door, pulled his dinner out of the oven and sat down to eat.
“Gant snatched the door open aggressively,” Sims said. “Walt had to make a split-second decision. He shot him where he knew it would stop him.”
Sims said that after the shooting, Butler knew it would be a long night of questioning and wanted to have some food in his stomach.
The trial will resume Wednesday at 9 a.m. EST at the Gulf County Courthouse.