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Bail denied for former Shippensburg man facing retrial in neighbor's death

July 12, 2011|By JENNIFER FITCH | waynesboro@herald-mail.com
  • Chad Kirby
Submitted photo

CHAMBERSBURG, Pa. — A Franklin County (Pa.) Court of Common Pleas judge denied a bail request Tuesday for Chad Kirby, pending the result of a retrial that has yet to be scheduled.

Kirby, 39, was convicted of voluntary manslaughter in the August 2009 shooting death of his neighbor Andrew Buttermore in the Shippensburg, Pa., area.

Kirby was granted a new trial earlier this year, but there are pending appeals and motions. He was sentenced originally to six to 12 years in prison.

District Attorney Matt Fogal told Judge Richard Walsh that Kirby is a flight risk because of the potential outcome of a new trial.

"This is still not over," Fogal said.

Defense attorney David J. Foster disagreed, saying Kirby arrived on his own accord to his original sentencing knowing he had been found guilty.

"There's no reason to believe he wouldn't appear" again, Foster said.

Walsh said his decision was based on the jury decision, the seriousness of the charge and the potential for Kirby to be in proximity to the Buttermore family.

I "do believe the risk of flight is greater now than at sentencing," Walsh said.

One of the smaller courtrooms was used for the hearing. Supporters of Buttermore and Kirby packed opposite sides of the gallery, briefly exchanging words during a recess.

Kirby's appeal was granted based on claims of ineffective attorney representation during trial.

According to court documents, Kirby and Buttermore, 35, fought outside their homes in the 2300 block of Lindsay Lot Road in Southampton Township, Pa.

Buttermore, who is alleged to have broken a window at Kirby's home with a baseball bat, suffered a fatal gunshot wound in his back.

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