Father whose toddler fatally shot himself charged federally for illegally possessing firearm as previously convicted felon

U.S. Attorney's Office, Southern District of Ohio

COLUMBUS, Ohio – A previously convicted felon whose toddler died by gunshot wound from an unsecured gun now faces a federal charge for illegally possessing a firearm.

Deshawn Levelle Butler, 35, of Columbus, was arrested by federal agents earlier today and appeared in federal court in Columbus at 1:30pm. 

“As a previously convicted felon, Butler was prohibited from possessing firearms and ammunition at the time of this incident,” said U.S. Attorney Dominick S. Gerace II. “Nothing can bring back the toddler who tragically died at the hands of Butler’s weapon, but we will use every federal tool at our disposal to ensure justice is accomplished in this matter.”

According to charging documents, on July 11, Columbus police officers responded to a report of a shooting on Quinby Drive in Columbus. When officers arrived, they located a 21-month-old child suffering from an apparent gunshot wound and were told the child had accidentally shot himself. The victim was transported to Mount Carmel East Hospital and later pronounced deceased.

An affidavit details that Butler was allegedly with the child during the shooting and had fled the scene prior to law enforcement officials’ arrival. 

Butler turned himself in the next morning to Columbus police headquarters, where he allegedly told officers his son had discovered Butler’s 9mm handgun in an open safe in a bedroom. 

Butler was previously convicted of aggravated burglary and, as a result, is legally prohibited from possessing a firearm or ammunition. Butler also had outstanding warrants for misdemeanor domestic violence charges.

Possessing a firearm as a convicted felon is punishable by up to 15 years in prison.

Dominick S. Gerace II, United States Attorney for the Southern District of Ohio; Jorge Rosendo, Special Agent in Charge, U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), and Columbus Police Chief Elaine Bryant announced the charges. Assistant United States Attorney Elizabeth A. Geraghty is representing the United States in this case.

A criminal complaint merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.

Five Former Memphis Police Officers Indicted on Federal Charges in Tyre Nichols Case

Memphis, Tennessee - In a significant development, a federal grand jury in Memphis, Tennessee, has returned an indictment charging five former Memphis Police Department (MPD) detectives with federal civil rights, conspiracy, and obstruction offenses relating to the death of Tyre Nichols on January 7.

The charges, which include federal civil rights violations, conspiracy, and obstruction, stem from the shocking and tragic incident involving Tyre Nichols. The indictment alleges that the five former officers, while serving as members of an MPD SCORPION team, willfully deprived Nichols of his constitutional rights. These charges were announced by Attorney General Merrick B. Garland, highlighting the severity of the case.

"The country watched in horror as Tyre Nichols was kicked, punched, tased, and pepper sprayed, and we all heard Mr. Nichols cry out for his mother and say 'I'm just trying to go home,'" stated Attorney General Merrick B. Garland. "Officers who violate the civil rights of those they are sworn to protect undermine public safety, which depends on the community's trust in law enforcement."

The charges include allegations of assault resulting in bodily injury and death, violations of a law enforcement officer's deliberate indifference to serious medical needs, conspiracy to cover up the use of unlawful force, and obstruction offenses.

Counts one and two of the indictment carry a maximum penalty of life in prison. Counts three and four each carry a maximum penalty of 20 years in prison.

The charges announced today are separate from the Justice Department's civil pattern or practice investigation into the MPD, indicating that these charges are criminal in nature, whereas the pattern or practice investigation is a civil investigation.

The FBI Memphis Field Office conducted the investigation. Assistant U.S. Attorneys David Pritchard and Elizabeth Rogers, along with Special Litigation Counsel Kathryn E. Gilbert and Deputy Chief Forrest Christian of the Justice Department's Civil Rights Division, are prosecuting the case.

These federal charges are separate from the charges brought by the State of Tennessee against the former officers in relation to the death of Tyre Nichols, as they allege different criminal offenses, specifically violations of the U.S. Constitution.

The indictment serves as an allegation, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

This indictment marks a significant step in seeking justice for Tyre Nichols and reinforcing the commitment to protecting the civil rights of all Americans, regardless of the circumstance