The Washington Court of Appeals has upheld the assault convictions of Eeron Lee Butler, who was found guilty of two counts of second degree assault, each with a deadly weapon enhancement. The court ruled that there was sufficient evidence for the jury to conclude that Butler acted with intent to create fear and apprehension of bodily harm. This ruling, issued on November 3, 2026, affects Butler, who is now facing a 30-month prison sentence.
The case stemmed from an incident in August 2024 at Billy B's bar in Tacoma, where police were called to remove Butler, who was reportedly unwanted at the establishment. Upon arrival, officers found Butler initially cooperative, but he became aggressive when informed he had to leave. Butler brandished a large Bowie-style knife and threatened the officers, stating he would kill them. He also used a cane during the encounter, which he raised as if to swing at the officers.
The officers, familiar with Butler from previous encounters, recorded the incident on body cameras. The footage showed Butler threatening the officers while holding the knife and swinging the cane. The police eventually apprehended Butler after he fled the scene.
Butler was charged with two counts of second degree assault, each accompanied by a deadly weapon enhancement. During the trial, the jury was instructed that to convict Butler, they must find that he assaulted the officers with a deadly weapon. The jury ultimately found Butler guilty on both counts and affirmed the use of the knife as a deadly weapon.
In his appeal, Butler argued that the evidence presented was insufficient to demonstrate his specific intent to instill fear and that the jury instruction regarding the deadly weapon enhancement was flawed. He claimed that the instruction only addressed per se deadly weapons, like the knife, and did not account for the cane's use.
The court ruled that the evidence was sufficient for a rational jury to conclude that Butler acted with intent to create fear. The judges noted that Butler's actions, which included brandishing a knife and threatening the officers, were directed at them and demonstrated an intent to cause fear. The ruling stated, "A rational trier of fact could conclude that Butler acted with intent to create fear and apprehension of bodily harm."
Regarding the jury instruction, the court found that Butler had invited any alleged error by proposing the instruction himself. The court explained that the invited error doctrine prevents a party from appealing an error they helped create. Therefore, the court declined to review Butler's challenge to the jury instruction.
The ruling affirms Butler's convictions and maintains the 30-month prison sentence imposed by the trial court. This decision underscores the importance of intent in assault cases and clarifies the application of the invited error doctrine in criminal appeals.
The outcome of this case may have implications for similar cases involving assault and the use of weapons. It reinforces the idea that a defendant cannot challenge jury instructions they proposed, which could affect future appeals in Washington state.
As of now, it is unclear if Butler will seek further appeals in this case. There are no related cases pending that have been mentioned in the court ruling.
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