Raffle charges dismissed, attorney says

The Rev. David Butler will reimburse $16,820 to people who bought tickets to support children's home.

Charges stemming from a failed raffle have been dismissed after the organizer turned over enough cash to repay ticket holders, a Cape Girardeau defense attorney said Wednesday.

Allen Moss, attorney for the Rev. David Butler, said $16,820 will be repaid to people who purchased tickets to support Shepherd's Cove children's home near Gordonville.

Butler faced two felony charges, for stealing by deceit and unlawful merchandising practices. Those charges were dismissed Wednesday, Moss said.

"We are very pleased," he said. "Rev. Butler has always said people who bought tickets should get their money back."

Cape Girardeau County Prosecuting Attorney Morley Swingle said he had not seen the final paperwork on the dismissal and declined to comment.

The dismissal raised questions from investigators with the Cape Girardeau County Sheriff's Department, who dug into the failed raffle, and criticism from a ticket-buyer who sued Butler in small claims court over the money.

"We don't like the potential that charges are being dropped," said Lt. David James of the sheriff's office said after news of a possible dismissal leaked out a few days ago. "We think a crime occurred there."

Whether the sheriff's office likes it or not shouldn't be taken as a criticism of the prosecutor's office, James said. The decision on whether to prosecute is, of course, up to the prosecutor, he said.

"We just did our investigation and turned it over," he said.

Jack Proffer of Cape Girardeau, who won a $167 judgment against Butler in small claims court, had harsh words for both Swingle's office and Butler.

"The prosecuting attorney has decided to dance with this guy," Proffer said. "He's acting like a defense attorney rather than a prosecuting attorney."

Proffer's judgment amounted to $100 for raffle tickets and $67 for court costs.

Proffer said he sees no difference between Butler and a bank robber. The deal approved Wednesday is like allowing a bank robber to apologize and give back the money in exchange for freedom, he said.

Butler "is a real snake," Proffer said. "He is nothing but a cheap con artist, swindler and embezzler."

Butler shouldn't be compared to a bank robber, Moss said. "A bank robber commits a crime when he goes in. Rev. Butler intended this raffle to go off. Unfortunately, it just didn't go off."

The raffle was supposed to give away a $30,000 sports car on Dec. 4. The raffle, which cost $30 for each ticket or $100 for four tickets, sold about 600 tickets and was first postponed, then canceled.

The charges alleged that Butler had diverted at least $10,000 in raffle proceeds to personal use and falsely told purchasers that Shepherd's Cove was a licensed foster home and not-for-profit organization. The home was not licensed by the state Division of Family Services and was not registered with the state as a not-for-profit organization, court documents said.

When the raffle did not bring in enough money to pay for the car, Butler boxed up the ticket stubs with purchasers' names and addresses and contacted the Missouri Attorney General's office, Moss said.

Butler had reached an agreement on restitution with the attorney general's office that collapsed when charges were filed, Moss said.

That search for help demonstrates he wasn't trying to deceive anyone or steal the money, Moss said.

"He has never tried to hide anything," Moss said.

The deal Moss says was approved Wednesday in court basically puts the earlier agreement back in place, Moss said. "The key thing here is that the prosecuting attorney recovered restitution for over 600 people. He has done what is in the best interests of the residents.

Butler did not return a message left at his home Wednesday evening.

The refunds will be distributed by the prosecutor's office, based on information supplied by purchasers when they bought the tickets, Moss said. Anyone who purchased tickets and has moved needs to contact the prosecutor's office, he said.

rkeller@semissourian.com

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