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Fulton Co. man enters not guilty plea to criminal homicide

Gerald Buterbaugh is accused of running over Dale Steven Henry

July 28, 2010|By JENNIFER FITCH
  • Gerald Buterbaugh
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CHAMBERSBURG, Pa. -- A Fulton County, Pa., man charged with criminal homicide entered a not guilty plea during his arraignment in Franklin County (Pa.) Court on Wednesday.

Pennsylvania State Police said Gerald Buterbaugh, 41, of Hustontown, Pa., was driving a pickup that hit 32-year-old Dale Steven Henry outside Hillside Tavern in Metal Township, Pa., on Memorial Day.

Defense attorney Chris Sheffield of Chambersburg, Pa., said he plans to ask that bail be set for his client. Buterbaugh has been held at the Franklin County Jail without bail since submitting himself to police at a barrack later the same day as the incident.

Buterbaugh is not a flight risk or threat to others, Sheffield said.

Other upcoming motions could involve discovery and witness lists in preparation for trial, he said.

"We still don't have an autopsy report," Sheffield said, saying he was told the report would be complete six to eight weeks after Henry's death.

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Franklin County Assistant District Attorney Timothy Wilmot is prosecuting the case.

Police previously said Henry, of Burnt Cabins, Pa., was flown by helicopter to Altoona (Pa.) Regional Hospital, where he was pronounced dead a few hours after the 2:30 a.m. incident.

In an affidavit of probable cause, police said a witness reported seeing Henry involved in an argument with a man who got into a green truck outside the bar. The witness said the truck backed out of the parking lot, pulled forward and ran over Henry.

That truck continued west on Fannettsburg Road toward Fulton County, Pa., the affidavit stated.

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