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Georgia man enters guilty plea to first-degree murder

By Carey Phillips
After five and a half days of jury selection, a Georgia man pleaded guilty to first-degree murder and was sentenced to life in prison Tuesday in Jackson County Superior Court.

Reginal Lewis Butler, 24, who listed a Toccoa address at the time of his arrest last year, entered the plea just a few hours after the lengthy jury selection process ended.

The plea came following a ruling by Judge Marlene Hyatt that the state could not use the aggravating factor of the crime being especially heinous, atrocious and cruel to seek the death penalty against Butler.

He was charged in connection with the March 17, 1999, death of Terry Ray Chastain, 43, of the Yellow Mountain community near Cashiers.

"I think justice was achieved," District Attorney Charles Hipps said. "He pleaded to what he was charged with."

Hipps said Hyatt's ruling took care of the obligation he had to put forth aggravating factors for a possible death sentence.

"The good news is life in this case means life without parole," Hipps said. "The only way he's going to leave prison is in a box."

Butler issued an apology to Chastain's family, admitted responsibility and asked for forgiveness.

"Mr. Butler has never denied being at the residence," said Sylva attorney Mark Melrose, who represented Butler along with Randy Seago. "Our goal in this case was to save him from an execution by the state of North Carolina. He had been willing throughout this case to accept the penalty that he was given. It was our opinion from the very beginning that this case was not appropriate for the death penalty."

Evidence presented in court indicated Butler and co-defendant Timothy Wiley came to the Yellow Mountain residence of Don Wayne Potts around 6 p.m. March 17.

Hipps said Potts was in his bedroom with the door locked when Wiley broke the door down "and came in guns blazing." He said Wiley, who was accompanied by Butler, was armed with a .32 caliber pistol. Potts returned fire with a .357 pistol and Butler and Wiley left the house.

At that time, Hipps said Potts called Chastain, who lived nearby, for help. He said Chastain arrived in his vehicle, blew his horn and entered the house after receiving no response.

By then, Hipps said Wiley and Butler had gone back inside. He said Wiley shot Chastain causing him to fall down the steps to the basement where Butler was. He said Butler hit Chastain with a crowbar.

Potts heard Chastain say, "Oh my God, I'm dead, I'm dead," according to Hipps. Wiley, a 24-year-old Atlanta man and Lisa Tucci-Caselli, 32, of Highlands, are also charged with first-degree murder in the case. Wiley is scheduled for trial July 24. Tucci-Caselli is being held in Florida on unrelated federal charges. Her trial date had not been set.

Regarding the lengthy jury selection, Melrose said, "I think everybody was surprised besides Mr. Seago and myself. It was our goal to try to select 12 people who would be fair about the case and about giving him life in prison instead of the death penalty."

Hipps called the process "thorough" and said it took time because some potential panelists were opposed to the death penalty while others were opposed to life in prison.

Back to Archive: 04/27/00.