With felony conviction, Butler may avoid jail

The guilty plea agreement presented for Amy C. Butler, the former Lincoln County Sheriff’s Office detective’s assistant fired from her position in June for embezzlement, allows four years to pay back the money taken, and it does not include jail time.

The plea agreement still must be approved by 19th Judicial District Judge James B. Wheelis, who can either approve or reject it and impose his own sentence. Sentencing is set for 9:30 a.m. Monday, Feb. 24.

The agreement required Butler to plead guilty to felony embezzlement.

The deal was hammered out by Butler, her attorney Ann German and Special Prosecutor Kenneth Varns, an attorney with the Montana Attorney General’s Office who was called in to prosecute because of Butler’s prior employment with the Sheriff’s Office.

“(County Attorney’s Office Bernie Cassidy) had no part in this agreement,” Varns said. “I did have consultation with the Sheriff’s Office, as it and the taxpayers are victims in this case.”

Butler, 37, entered the plea Monday in Wheelis’ courtroom. Wheelis explained to Butler that he is not bound to accept the plea agreement.

Terms of the deal demand Butler pay restitution of $12,382, the amount missing from the agency’s 24/7 Sobriety Testing program. Butler oversaw the program from April 1, 2012, until June 5, 2013, at which time she was relieved of those duties.

Varns said he was given the case on Aug. 1, less than two months after Butler was fired from her job at the Sheriff’s Office.

“That’s consistent with most cases of this type,” Varns said of the lapse in time before he was handed the case.

Varns wrapped up his investigation late last month, setting up the plea session Monday.

According to the plea agreement documents obtained Wednesday, Butler must maintain behavioral conditions that will be reviewed by Wheelis at the time of sentencing. The agreement also mandates that Butler maintain behavioral standards during the probationary period. Failure to do so could result in incarceration.

Furthermore, the agreement states in exchange for a guilty plea, Butler will waive her right to a hearing and she agrees to pay the full amount of restitution claimed by the the Sheriff’s Office. It also states she will not be required to pay a fine, provide community service or to serve an incarceration sentence.

Asked whether the deal was special for someone who worked previously in law enforcement, Varns was quick to say, “No.” Varns said he would be able to comment further after sentencing. “I see a lot of (online commenters) out there on this case, and they’re just wrong,” Varns said.

Varns said despite sentencing guidelines that state a minimum of one to 10 years in prison, the sentence can be lessened to a probationary status.

A subsequent audit of the newly formed program found accounts, after Butler had been removed as its administrator, were “100 percent” accurate, Varns wrote in an affidavit in the case.