By Alejandro A Alonso
Los Angeles - Antwain Butler, 17 was arraigned today at the Criminal Court Building in downtown Los Angeles for the killing of Clive Jackson, the 14 year old freshman from Crenshaw High School that was gunned down on Vernon and Western on November 21, 2002. Judge Jeffrey Harkavy entered a not guilty plead and Butler along with his lawyer agreed to waive the 30 days for preliminary hearing.
In addition to entering a plead, the attorneys on both sides argued whether Butler should remain in the custody of the Sheriff in the Men's Central Jail. Attorney Mark Werksman argued that Butler "is entitled to be treated as a juvenile" and he told the court that he intended to bring a motion stating that Butler should be adjudicated as a juvenile. Citing juvenile code 207.1, Werksman stated that the prosecution has not shown that Butler is a danger to other minors in a juvenile facility. In addition, Werksman contended that Butler has no criminal record, and is a recent high school graduate. He also said that Men's Central jail is a place of isolation with more serious adult offenders with violent backgrounds. "To subject a 17 year old to Men's Central Jail based on the evidence does not meet the statute," according to Werksman.
Prosecuting Attorney Robert Dver responded that Butler would have "limited contact with adults" and would be housed in the juvenile section of the Men's Central Jail. He stated that there were five juveniles that escaped from Los Padrinos Juvenile Hall in Downey California during 2002 and that the public is not adequately protected from housing murder suspects at Los Padrinos. He concluded that housing Butler in the Men's Central Jail would follow the dictates of section 207.1 that requires that the public be protected.
Werksman responded to the court that this hearing is about the defendant and that five escapees from Los Padrinos are completely irrelevant to Butler. "Hs is not alleged to be a gang member, and this is his first experience in this court," and he continued to state, "No one can say that his client is a risk."
Judge Harkavy was hesitant to decide on the matter of housing but agreed with Werkman's initial statements regarding the juvenile status of Butler. Butler's 18th birthday will be on July 19, 2003 and since the court had not heard any evidence on the case, the judge decided with out prejudice that Butler remain in the custody of the Men's Central Jail until December 18, 2002 when the matter will be decided. Bail was set at $2 million.
Werksman told Streetgangs.com that his client Butler "belongs in juvenile hall." He was asked if he was aware of the gang connections that have been played out in the media and he stated that he is not aware of any gang activity by his client and that it is a "tragedy what happened to Clive Jackson."
The preliminary hearing is set for February 18, 2003 in Division 33.
Read article on the arrest of Butler.
Antwain Butler Pleads not Guilty
Staff Writer, Streetgangs.com Magazine
December 9, 2002
Mr. Alonso can be contacted by email by viewing his extended contact information.