Update: ADP’s ex-CEO indicted, hearing set…

December 20, 2011

Update 2/27/13: In February 2013, someone representing Gary Butler contacted footnoted to let us know the charges against Butler had been dropped and ultimately expunged. We contacted the solicitor’s office in Beaufort County, South Carolina, and learned that Butler had indeed gone through a pre-trial intervention program that led to the charges ultimately being dropped; that Butler sought to have the charges expunged and succeeded. Here’s how the pre-trial intervention program was described to us:

“Pre-trial intervention is a diversionary program for first-time offenders that includes community service and a bunch of other programs like counseling, anger management, etc. The specific components are geared toward the charges the person faces. A person being accepted into PTI says nothing about the merits of the initial charge; participants are accepted at the discretion of the prosecutor assigned to the case. At the conclusion, the charges are dismissed and, depending on the specific crime, the person can apply with the state to have the charges expunged.”

Here’s the original post: 

When we broke the news last month about the arrest of ADP’s then-chief executive, Gary C. Butler, we noted that he had his first court hearing scheduled for December 16. That was Friday, and we got in touch with South Carolina court officials yesterday to get an update.

The hearing on Friday was a preliminary one — Butler didn’t have to attend, but we’re told he was represented by Hilton Head Island attorney Sam Bauer. The hearing came a day after a Beaufort County grand jury handed down an indictment on one count of first-offense criminal domestic violence, we were told by a spokesman for South Carolina’s Fourteenth Circuit Solicitor’s Office (which we understand is the equivalent of a district attorney).

First-offense criminal domestic violence is a misdemeanor under South Carolina law, the spokesman told us, and those convicted of the charge face a maximum penalty of 30 days in jail and/or a fine of up to $2,000.

Butler’s next hearing has been set for January 18, and it’ll be another preliminary or pre-trial hearing. No trial has been scheduled yet. We left a message with Bauer’s office and are waiting to hear back. (The person answering the phones said she couldn’t confirm that Butler is a client, which seems to be standard practice for some law offices.) The online court record doesn’t appear to have been updated yet today.

Barring something unusual, instead of putting up a new post for each incremental development, we’ll update this one as we get more information, whether it’s a comment from Butler’s attorney or details of the January 18 hearing. Stay tuned.

Image source: South Carolina Fourteenth Circuit Solicitor’s Office

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