The Hinds County District Attorney attempted to drop charges against an accused drug dealer. Christopher Butler was twice indicted by a Hinds County grand jury in 2012 for possessing more than one kilo of marijuana. Butler was twice previously convicted of felonies and will be classified as a habitual offender if convicted. Butler is 38 years old.
Butler was convicted of selling cocaine and possessing marijuana in 2000. The current cases have been repeatedly continued as shown in the dockets posted below. District Attorney Robert Shuler Smith is personally prosecuting each indictment. He moved to dismiss them in 2015. However, the motions themselves were rather um, interesting. Judge Weill denied the motion for nolle prosequi in each case on May 8. Judge Weill stated:
This matter was set for a plea hearing on January 7, 2015, and in advance of that docket, the District Attorney presented the Court with an Order of Nolle Prosequi. See Exhibit "A", attached (KF note: Part of case is sealed.). No motion was presented with the proposed order in violation of Rule 6.07 of the Uniform Circuit Court and County Rules. A hearing was held on January 22, 2015 at the conclusion of which the undersigned (Judge Weill) instructed the parties to submit a detailed, written motion for nolle prosequi for his consideration along with documentation supporting the propriety of the order, within ten days. The motion and supporting information was due to the court no later than Monday, February 2, 2015 and as o the date of this order, no such information ohas been submitted. As the movant failed to comply wiwth the order of othis court and URCCC 6.07, the Corut find that the matter is not well-taken and should be denied.
The D.A. got spanked pretty good but didn't take his butt-whipping and go home. Nope. The docket states Mr. Smith filed a motion to disqualify and recuse Judge Weill. Couldn't get the case thrown out so he went after the judge. Judge Weill predictably denied the motion. The cases are still awaiting trial.
The indictments, dockets, and ordering denying the dismissal are posted below.