Robert Earl Buttrey made another brief appearance in the 249th District Courtroom Wednesday morning for a scheduled pre-trial hearing before Judge D. Wayne Bridewell.
Defense attorney Dick Turner appeared with Buttrey at the hearing and made a motion requesting funds for an investigator and expert witness to examine the alleged weapon used in the double homicide.
Buttery was booked into the Somervell County Jail on Oct. 10, 2006 and charged with two counts of murder and assault. His trial is set to begin July 27.
Bridewell approved Turner’s motions, allowing up to $3,000 for an expert witness and up to $1,000 for an investigator.
Meanwhile, a settlement in a separate case was finally reached Wednesday in a civil suit filed after the death of Glen Rose resident Cody Day, Jr.
The civil lawsuit against I.E. Miller Services, LP and former employee Colin Hammett that started in 2007 was finally concluded when a settlement was reached last Wednesday in the 249th District court.
All parties agreed to drop counter claims and lawsuits in exchange for a Section 142 trust fund set up exclusively for Day’s teenage daughter.
Out of the $1.2 million settlement, the parties agreed that $169,829.40 would be put into the Dusti Day Trust Fund and maintained by First Financial Bank.
Day, who was a Somervell County volunteer firefighter, was killed in February 2007 during an altercation in the parking lot of Boot Scootin’ Country, a private club reportedly owned by the victim’s sister, Robbie Steele.
Hammett pleaded guilty last March to intoxication manslaughter, assault, and aggravated assault with a deadly weapon. In April, he was sentenced to 10 years shock probation for the manslaughter charge, meaning he will be eligible for probation after serving 175 days in the penitentiary if he exhibits good behavior. He was also given a 10-year probated sentence on the other charges.
Fossil Rim also reached a settlement agreement through a summary judgement in a civil suit Wednesday.
Fossil Rim’s attorney Scott Self said in court that the case started about four and a half years ago following allegations of rabies exposure to a sheep in the petting zoo.
The Fossil Rim Lawsuit began in August 2004. Numerous families filed suit, each receiving settlements to cover their specified medical costs.
The plaintiff’s attorney, Shay Isham of Stephenville, was not in court but did say in a follow up interview that after the sheep at the zoo died, the Texas Department of Health (TDH) reported it tested positive for rabies.
The Center for Disease Control (CDC) later said the first test was contaminated and the results were a “false positive.” However, TDH has maintained the integrity of its test.
Isham said Fossil Rim notified people who had contact with the sheep since rabies could be transferred through contaminated saliva.
“Nobody could afford to wait for the CDC and the TDH to resolve their issues, so everybody started the rabies vaccinations,” Isham said.
As part of the summary judgement, Fossil Rim agreed to help pay for some out of pocket expenses the families incurred.