Defense attorney: Arrested Vero cop was just using his discretion

The attorney representing a former Vero Beach police officer accused last week of illegally disposing of more than 20 grams of marijuana seized during a June 1 traffic stop called the decision to arrest his client on a felony charge “absurd.”

Andrew Metcalf, among the county’s most prominent criminal-defense lawyers, said in a telephone interview Saturday that Christian Gene Butterfield was merely exercising the same discretion often employed by other local law enforcement officers when the rookie cop decided to not arrest a 19-year-old driver.

As for Butterfield’s decision to discard the marijuana, Metcalf said his client knew his body-worn camera was operating and still chose to toss the marijuana into a dumpster in the Vero Beach Police Department’s parking lot.

“Obviously,” the attorney said, “he wasn’t trying to conceal his actions.”

Butterfield, 31, was hired in October – fresh out of the police academy – and resigned June 12, amid an in-house investigation that resulted in his June 19 arrest on a single count of tampering with evidence.

He was released from the county jail the same day, after posting a $10,000 bond. If convicted of the third-degree felony, however, he faces up to five years in prison, five years of probation and a $5,000 fine. Metcalf said Butterfield will plead not guilty.

“I’ve been practicing law in this community for 30 years, and I can tell you law enforcement officers use arrest discretion all the time,” Metcalf said. “I know officers, in every agency I’ve worked with, that have used that kind of discretion and chose to not make arrests, even with felony offenses.

“In this case, we have a police officer who used his discretion – who decided to let a young man go, rather than ruin his life over marijuana,” he continued. “And you arrest him? You charge him with a felony? That’s absurd.

“Marijuana is a step away from legalization in this state,” he added. “It’s not like the driver was a heroin addict. If they’re going to arrest this guy, they need to fire about half of the officers working for them.”

In a news conference last Thursday, Vero Beach Police Chief David Currey said his department’s General Orders allow officers to use discretion when dealing with some misdemeanors.

Officers are prohibited from using such discretion in making arrests, however, in situations where the alleged crime is a felony.

Under Florida law, possession of more than 20 grams of marijuana is a felony. Currey said Butterfield found “close to 27 grams” in the car he stopped shortly after 1 a.m. on the 2200 block of 16th Avenue.

In fact, the complaint affidavit states that Butterfield uttered the words, “Hit the magic number here,” after weighing a baggie of marijuana with a small digital scale at the scene.

Butterfield later told the driver the amount of marijuana he discovered raised the seriousness of the offense beyond a misdemeanor.

“There are alternatives to arrest, but this was a felony,” Currey said, explaining that, given the circumstances of the traffic stop, Butterfield should have arrested the driver and put the marijuana and paraphernalia into evidence when he returned to headquarters.

Instead, Butterfield opted for compassion.

When questioned by Butterfield during the stop, the affidavit states, the driver admitted it was his marijuana and said he uses it daily to treat attention-deficit/hyperactivity disorder (ADHD) and bipolar disorder.

The driver, who was accompanied in the car by a 17-year-old passenger, said he couldn’t afford to get a state-issued license to purchase medical marijuana.

At one point during the 45-minute stop – after Butterfield also found three joints, rolling papers, a vape pen and a small amount of what appeared to be loose marijuana – the driver asked him if he could “just dump” the baggie of marijuana that lifted the crime to a felony.

“I’m really leaning towards that,” Butterfield replied, saying he appreciated the driver’s honesty. “I think I’m going to help you out with that. You seem like a good kid and, maybe, just are hanging out with some questionable people.”

Despite having both the driver and passenger handcuffed during the stop – the passenger, who was described as “uncooperative,” was briefly held in the back seat of Butterfield’s patrol car – both were eventually uncuffed and allowed to go. According to the affidavit, Butterfield initiated the stop after detecting the “odor of marijuana” from a passing car, which contained the two suspects. He and another officer had responded to a prior call for service, and he was standing on the sidewalk at the 2000 block of U.S. 1.

But the affidavit makes no mention of Butterfield testing the detained driver for driving under the influence of a chemical or controlled substance.

Butterfield concluded the stop by putting the seized marijuana and other pieces of evidence in the trunk of his patrol car, then covering them with a black backpack before driving off.

Minutes later – just after 2 a.m. – Butterfield arrived at the police headquarters lot, parked his patrol car, opened the trunk and disposed of the evidence in a large dumpster.

Butterfield turned in no evidence and filed no report on the traffic stop, the affidavit states.

Currey said Butterfield’s sergeant filed the initial complaint that prompted him to order an internal investigation into the officer’s failure to submit written warnings relating to traffic stops made during his patrol shifts.

“His supervisors were noticing, just prior to that incident, he was making traffic stops and not filing reports,” Currey said, explaining that a high-level review of Butterfield’s body-cam footage prompted further investigation, then a parallel criminal investigation.

Currey said the internal investigation of the traffic stop, which was launched on June 3, was continuing. He said he didn’t expect any additional charges to be filed against Butterfield, but he didn’t rule out the possibility of disciplinary action pertaining to the conduct of one or both of the other officers who were at the scene.

It was unlikely the driver, who was not identified in the affidavit, would face charges, Currey added.

Metcalf said his client would not comment on his arrest. However, Butterfield created a Go Fund Me page to help cover his legal fees. As of Monday morning, nine donors – six of them anonymous – had contributed $830 to the account, which has a target amount of $5,000.

The narrative on the page describes the incident and states Butterfield “decided to not arrest the young men because possession would be a felony and severely impact the rest of their lives.”

It also admits he got rid of the evidence: “In his attempt to be an empathetic officer, Butterfield decided to give these young men a break and disposed of the marijuana by throwing it away in the VBPD dumpster.”

Currey, though, said Butterfield could have worked with his supervisors and, perhaps, state prosecutors to help the driver after making the initial arrest and turning in the evidence as required.

Metcalf said the department should have recognized that Butterfield – a former U.S. Marine who previously worked as a corrections officer and firefighter – was trying to do what he believed was right and helped him, instead of charging him with a felony.

Photos by Joshua Kodis