New judge OK'd for cop who admitted shooting panhandler
The former Springfield police officer who last week pleaded guilty to negligently shooting an unarmed man in the back will have his case heard by a new judge.
Jason Shuck, who was scheduled to be sentenced Wednesday afternoon, requested a new judge through his attorney, Tyson Martin, Wednesday morning. Judge Ronald Carrier approved the change and the case is set to be reassigned, according to online court records.
The sentencing hearing has now been postponed pending the assignment of a new judge, but the case does not start over.
Prosecuting Attorney Dan Patterson said the case remains in the sentencing stage, with a possible plea agreement for Shuck still on the table.
The officer, who resigned from the department last month, proposed a deal with Greene County prosecutors at his last hearing that would leave him with no criminal record if he completes two years of unsupervised probation. He would avoid jail.
The proposed agreement would require Shuck, 35, to never work again in a job that requires him to carry a firearm and to surrender his peace officer license. The charge is third-degree assault, which carries a maximum sentence of a year in jail.
Patterson said the punishment would be adequate, but Carrier didn't immediately approve the proposal. He put off the sentencing and then granted the new judge. A new date for the sentencing isn't set.
Martin filed the motion seeking a change just before 11 a.m., and Carrier entered the order for a new judge sometime after noon, according to the docket.
A message for Martin was not returned Wednesday.
If filed within a certain time period, an attorney's first motion for a change of judge must be granted automatically. Both the defense and prosecutor have one opportunity to file for a new judge without providing a reason.
Shuck has received at least one letter of support, according to court records.
Brian Sims, director of student services for Fair Grove Schools, sent Carrier a letter on Shuck's behalf.
"Professionally, I have always experienced Mr. Shuck to be highly ethical and responsible," he wrote. "He has helped me in my duties supporting children with disabilities by being a sound resource.
"Personally, I have known Mr. Shuck as an upstanding member of the community. It is truly unfortunate that he has made a mistake in his former job as a policeman. I cannot begin to understand the type of pressure that he must have been under on the day of the shooting. ... I am writing this letter unsolicited, so that you may understand that I believe it is in the public interest to accept his plea bargain and let him restart his life."
Shuck told authorities that he meant to use his Taser when he shot Eric Butts on May 9 near the Walmart Neighborhood Market at 1320 S. Glenstone Ave., as Butts was running away.
Butts, a convicted burglar who had served time in prison, was panhandling at the Walmart. He was wanted on a warrant for failure to appear in court on a parole violation at the time of the shooting. Court records indicate Butts has been diagnosed with mental illnesses including schizophrenia and bipolar disorder.
Only seven prior cases of a suspect being mistakenly shot with a handgun instead of a Taser have been documented, according to Greene County court documents filed in the case. That's out of about 2.2 million uses of a Taser.
Shuck carried his department-issued Glock semiautomatic pistol on his right side and his Taser on his left side. He had to reach across his body with his right hand to draw the Taser, which weighs about a third as much as the handgun, according to documents.
The shooting seriously damaged the intestines of Butts, forcing him to use a colostomy bag. Butts underwent surgery on Aug. 14 to repair the damage and is expected to make a full recovery.
Butts has retained a lawyer, who has said he'll seek damages against the city.