State of West Virginia v. Scott Butler
16-1105
| W. Va. | Oct 23, 2017Background
- On April 18, 2016, Scott Butler accompanied co‑defendant Selena Siburt to the home of Siburt’s child's father, Zachary Henry, after passing by while returning from grocery shopping.
- Henry was not home; his grandmother (and adoptive mother), Sharry Hinerman, attempted to keep Siburt and Butler from entering by closing a screen and then the inner door.
- Butler pulled the screen door from Hinerman, pushed through the inner door with Siburt (knocking Hinerman backward), and they entered the home searching for the child.
- Hinerman told them the child was not there and tried to summon police; Butler struck Hinerman in the back of the head during the encounter, after which Butler and Siburt left.
- Butler and Siburt were arrested; Butler was indicted for burglary, conspiracy to commit burglary, and battery. A jury convicted Butler of burglary and conspiracy to commit burglary; the trial court denied his post‑trial judgment of acquittal motion and imposed consecutive sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for burglary (intent element) | State: evidence shows Butler entered by force and intended to commit a crime (battery) inside. | Butler: State failed to prove he intended to batter Hinerman before entry; Siburt’s later reaction shows no preentry intent to batter. | Affirmed — jury could infer intent from conduct (pulling screen, forcing door, knocking Hinerman back, assault inside). |
| Sufficiency of evidence for conspiracy to commit burglary (agreement element) | State: agreement to commit burglary may be inferred from joint conduct; overt act occurred. | Butler: No proof of prior agreement to batter or to commit burglary together. | Affirmed — agreement inferred from words/actions (walking to house together, forcing entry, joint conduct). |
Key Cases Cited
- State v. LaRock, 196 W.Va. 294, 470 S.E.2d 613 (establishes de novo standard for reviewing judgment of acquittal/sufficiency challenges)
- State v. Guthrie, 194 W.Va. 657, 461 S.E.2d 163 (standards for appellate review of sufficiency of criminal evidence)
- State v. Bouie, 235 W.Va. 709, 776 S.E.2d 606 (elements required to prove conspiracy)
- State v. Ocheltree, 170 W.Va. 68, 289 S.E.2d 742 (intent for burglary may be inferred from facts and circumstances)
- State v. Less, 170 W.Va. 259, 294 S.E.2d 62 (agreement for conspiracy may be inferred from words and actions)