Man who exposed self to officers in 2019 sentenced
HOLLIDAYSBURG — An Altoona man who shouted racial slurs and exposed himself to Altoona police officers responding to a domestic call in 2019 will spend 60 days in jail, followed by five years probation.
Brian T. Butterbaugh, who was supposed to go on trial Monday in Blair County Court on felony charges of aggravated assault, strangulation, escape and related offenses, offered no contest pleas to misdemeanor counts of resisting arrest, terroristic threats and escape.
While the sentence associated with Butterbaugh’s pleas fell to Judge Jackie Bernard to impose, she accepted and imposed the sentence that Assistant District Attorney Derek Elensky and defense attorney Thomas M. Dickey agreed to recommend.
Elensky said the responding officers were satisfied with the recommended sentence because it includes incarceration and a lengthy probation.
“We wanted to see some incarceration, so we are satisfied with this resolution,” Altoona police officer Cody Ward told Bernard.
Bernard, who referred to the resolution as “fair,” declined to include a clause in the sentencing order that would allow Butterbaugh to ask for early termination of his probationary period. She said he would need to establish a track record before that request could be considered.
Butterbaugh apologized in court to the police officers for his behavior in July 2019. That is when police, responding to a domestic call at his residence on the 1200 block of Jackson Avenue, encountered Butterbaugh in the backyard with two large dogs.
When officers commanded Butterbaugh to show his hands, he allegedly showed them two middle fingers. Butterbaugh, who is white, then shouted some racial slurs at the responding officers, who were white, according to the criminal complaint.
When asked if he had any weapons, officers said Butterbaugh dropped his pants and moved his underwear, then shook his genitals at them.
After a woman and two children were outside the house, court documents indicate that police and Butterbaugh got into a scuffle as officers tried to take him into custody. He was accused of spitting in the face of one of the officers and pepper spray was used.
The woman who was in the house was taken to UPMC Altoona for treatment. Police accused Butterbaugh of headbutting her during an argument and injuring her eye socket.
The woman, who was in court on Monday, told Bernard that she was OK with the withdrawal of all criminal charges concerning her and the children.