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9/15/2016

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This presentation contains graphic language, images and video footage, including video evidence recovered of a victim being sexually assaulted. If you do not feel comfortable viewing this material, please feel free to excuse yourself from this training event. 2



Suburb of Tulsa



Population Approx. 30K



60 Sworn Officers, 6 Detectives.





Jurisdiction - Tulsa County District Attorney’s Office. 50 prosecutors (Assistant DA’s). 3

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Tulsa Police Department   

Sex Crimes Unit Cybercrimes Unit Crime Lab



Bartlesville Police Department



Stillwater Police Department



OSBI Crime Lab 4



October 2007



Sarah (Age 17) - grandmother finds her acting lethargic.



Taken to a local hospital, suspecting a drug overdose.





Sarah was awake but unable to answer questions about her condition. Urinalysis showed high levels of Xanax in Sarah’s system and the staff contacted the Owasso Police Department.

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Sarah interviewed by officers at the ER: 

Last memory was going to a tattoo parlor 2 days earlier with Amy (age 18).



The owner of the business (nicknamed “The Butcher”) was teaching Amy how to perform body piercings.



The teens went to the tattoo parlor so Amy could pierce Sarah’s navel.



Prior to the procedure, Butcher offered the girls “Herbal Tea” to help them “relax”.

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Sarah (Continued): 

The tea was extremely bitter, so Butcher added rum to the drink to cover the taste.



After drinking the tea, she began to feel dizzy and blacked out.



Sarah woke up in the hospital with no memory of the previous 2 days.

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Sarah (Continued): 

Didn’t know Butcher’s real name.



Unable to provide location of tattoo parlor – “Somewhere in Owasso”.



No record of any such business in Owasso?



No person matching “Butcher” in OPD system.



Officers were unable to interview Amy for additional details.



Case assigned to retiring detective – no suspect ID, no location.

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January 2, 2008

Police were dispatched to the emergency room in reference to a teenage girl who was possibly drugged and assaulted. Amber (19): severe bruising on her face, vaginal bleeding and a recent tattoo on her hip. Amber had no memory of the previous 2 days and did not know how she received her injuries. Amber ‘s last memory was of visiting a tattoo artist named “The Butcher”. 9

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Amber interviewed by officers at the ER: 

Reported that she wanted a tattoo, so she went to a tattoo parlor in Owasso, along with her boyfriend Brandon (19) and her friend Patience (16).



The owner, known as “the Butcher”, offered to give Amber a tattoo for free, but only after the business closed and all the regular customers were gone.



Amber, Brandon and Patience hung out in a back room of the business until it closed.



When the business closed, Butcher locked the doors and covered all the windows with black plastic. 

Claimed that he didn’t want the public to see that he was giving free tattoos/letting people hang out inside the shop after hours.

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Amber (Continued): 

Butcher provided the teens with marijuana and alcohol.  Described Sailor Jerry Rum, Corona Beer and Tequila.



The teens remained at the business for several hours after closing, partying and waiting for Amber to decide what tattoo she wanted.



Butcher asked Amber and Patience to apply paint to their breasts and press them against the wall as an “art project”.



Also asked to take “artistic” (aka nude) photographs of the girls.



Both girls turned down Butcher’s requests but this becomes very important later.

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Amber (Continued): 

Butcher offered the teens “Indian Tea”, claiming that it was a hallucinogen and it would make them “trip”.



Amber, Patience and Brandon consumed the tea and soon blacked out.



Described the tea as very bitter, added spiced rum to cover taste.



Amber woke up 2 days later at her apartment with a naked woman tattooed on her hip as well as injuries to her face and vagina.



Amber did not remember getting the tattoo or anything that happened after she consumed the tea.

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Brandon Interviewed: 

Consumed tea and blacked out.



Woke up the next day in the back room of Butcher’s tattoo shop.



Amber was next to him on the floor: unconscious, laying in a pool of her own urine with her pants pulled down to her knees.



Patience was passed out on the other side of the room.



Brandon was able to wake Patience, but Amber would not wake up.



Brandon and Patience carried Amber to the car and they all left the area.

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Patience Interviewed: 

Confirmed Brandon and Amber’s story.



Consumed tea and blacked out.



Brandon woke her up the next morning in the back room of the tattoo parlor.



Helped Brandon carry Amber to the car.



No memory of anything after drinking the tea.

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Assigned to Case 01/03/2008



Reviewed Records - Located Previous Case from October.



Located/Interviewed Amy   

Story matched Sarah’s account. Indian Tea – blacked out. Provided additional info:  Tattoo Shop – 702 N Main in Owasso.  Real name “Dominic Patrick Butcher”



Butcher received traffic ticket in 12/2007.



Health Department/Business License not active until 12/1/2007.





Info now in system - DOB, home address.

Not “officially” open when report taken in October.

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“The Butcher” identified as Dominic Patrick Butcher.

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Spent time in prison in Mississippi for burglary.



No prior convictions for sexually related offenses.



One prior rape allegation in Bartlesville, OK (2006).  Drugged female tattoo customer.  Charges dismissed/plea bargain for misdemeanor.





Lived in Tulsa, OK but owned tattoo parlors in Owasso, Bartlesville and Stillwater. Affiliation with the Mongols Motorcycle Gang, but not a patched member. 18

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01/07/2008: Search warrant issued for the tattoo parlor.



Scope of SW included:  Processing shop as a crime scene.  Alcohol and drugs  Cameras, media storage and computers.  RE: Statements of victims concerning photograph/art project request.





The business was open when the warrant was served, but Butcher was not present. Employee called Butcher’s cell: he agreed to come to the business but never showed up. 24

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      

  

Over 300 DVD/CD’s Numerous SD Memory Cards Numerous 8mm Video Cassettes 3 Computers 2 Video Cameras 3 Digital Cameras Assorted Liquor Bottles  Sailor Jerry, Corona and Tequila. Xanax Pills Viagra Pills (Prescribed to Rick, Victim Amy’s father). Stolen Television

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Picked up Video Camera off Butcher’s desk & hit play:  Short video clip of an unconscious female on a couch.  Dark/Poor Quality Video  The female’s face was partially obscured, but had an

elaborate tattoo on her lower back.

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Contained several hundred images. Nude images of Katie (age 14) - a young girl I knew from a previous rape case. Images of two young girls with paint on their chests, pressing themselves against the wall (art project?).  Later identified as Morgan (age 15) and Jessica (age 14)



Images of young female in lingerie with a stitch design drawn all over her body.  Later identified as Anna (age 16). 27

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On 01/09/2008, received a telephone call from Butcher.  Called prior to processing all the evidence, so the only videos/images known were from the cameras in Butcher’s office.



Acknowledged that the teens had “partied” at his shop and he had given them alcohol.  “I’m not their dad, don’t have to keep them from drinking”



Denied drugging or sexual assaults.



Claimed Indian Tea was just strong herbal tea.

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Butcher (Continued): 

Claimed all the girls in the images were adults, consented to the photographs.



Admitted that Brandon and Patience passed out in the back room while he was giving Amber the tattoo.



Admitted that he had to carry Amber to back room after her tattoo because she was passed out.



Butcher: Nothing wrong with tattooing an intoxicated person as long as they agreed to the tattoo before that started drinking.

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Butcher (Continued): 

The girl in the couch video was his girlfriend Tammy :  They were role playing – “she’s into that kind of stuff”.  Admitted touching her buttocks and vagina.



Butcher said I would likely find other similar videos, because he had “dated some pretty freaky chicks”.



Claimed Xanax was left at his shop - holding it until the customer returned.



Found Viagra in parking lot, also holding for owner.



Some guy traded him the TV for a tattoo – didn’t know it was stolen.



Refused to come to the PD for a face to face interview. 30

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Hundreds of hours of video Hidden Camera Videos - customers changing clothes, consensual sex acts with various women.  All shops painted red/black – location?







Intoxicated girl on tattoo table. Numerous downloads from fetish websites – sleepingbitch.com. Disk labeled “CAM 11”. 31





“CAM 11” Disk contained a single video file. Over 1 hour in length, showed Butcher raping an unconscious female.



Recorded with web camera – no audio.



No recording date stamp, only a disk creation date.

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Graphic Content Warning! While this video has been edited for time and content, it still shows a graphic sexual assault being perpetrated on an unconscious victim. Please be respectful!

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Dating Butcher for 3 years. Moved in together in an apartment in Tulsa on September 1st, 2007. After the search warrant, Butcher told Tammy the police confiscated their homemade sex tape and if they called she should say she was the girl in the video. Confused because she never participating in this “homemade sex tape”. 34



Tammy (Continued): 

Confirmed tattoo on lower back (matched couch video).



Denied “being into” role play/acting unconscious.



Showed Tammy the couch video – understandably upset stated she was NOT a willing participant.



Recognized location as living room at her apartment in Tulsa.



Date stamp on video was consistent.



Agreed to review other evidence to help investigation.

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Immediately recognized the location as the bedroom at their apartment in Tulsa.  Established location of offense!



Noticed tape on the dresser drawers in the background.  Taped drawers shut when they moved into apartment 9/1/2007.  Tape stayed on dresser for about 2 weeks.  Established date of offense!  between 9/1/07 – 9/14/07.



Did not recognize Jane Doe, but remembered an argument with Butcher right after they moved into the apartment because he let another woman sleep in their bed while Tammy was gone for the weekend. 36

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Tammy’s apartment in Tulsa.  



Still in Tulsa County, but not Owasso. Brought in TPD

OPD to remain as investigative agency with logistic support from TPD.   

Cybercrimes Crime Lab SGT Gary Stansill & DET Larry Woods

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2 days after Tammy’s interview, she came back and asked for DET Woodruff. Filed a protective order, kicked Butcher out of apartment. Brought a large trash bag full of video cassettes and computer disks.  Additional videos from “sleepingbitch” and hidden camera videos.



Also surrendered a handgun that belonged to Butcher (convicted felon). 43







Began gathering background information on Butcher. “Rumors” from Stillwater area, but nothing solid.

A record was located concerning an incident in Bartlesville, OK in 2006, which was strikingly similar to the case in Owasso. 44



February 2006



Unconscious female arrived at the ER suffering from a drug overdose.



The female tested positive for alcohol, Lidocaine, Xanax and other drugs.



Victim’s last memory was of being with Dominic Butcher in his apartment, preparing to receive a “free” tattoo.



Butcher injected her with “anesthetic” to numb the area before the tattoo.



Blacked out shortly after injection, woke up in the hospital.



Due to complications with the case, Butcher was offered a plea deal for misdemeanor “Illegal Tattooing”. 45

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Images from Butcher’s camera - girls painting chests. Identified by School Resource Officer as Jessica (age 14) and Morgan (age 15). Butcher gave them alcohol - party at his shop.  Told Butcher they were 16 so he would let them drink.  Painted chests and pressed against wall to “decorate shop”.



Butcher offered them hot Tea but they declined.

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Interviewed Katie (14):  Confirmed that Butcher took nude photos her.  Confirmed that they were taken after body piercing.  Filled out consent form saying she was 19 years old.  Denied being offered anything to drink.  Denied any sexual contact or loss or consciousness.

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Listed on Viagra prescription bottle.



Confirmed pills were stolen from his house in Sept 2007:    



Butcher came to Rick’s house with daughter Amy. Butcher used the bathroom – access to medicine cabinet. Embarrassed because it was Viagra. Didn’t file police report.

Agreed to file a report/prosecute for stolen medication.

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Anna (age16) called DET Woodruff :    



A girl at a party told Anna the police had naked pictures of her. The mystery girl told Anna to call DET Woodruff. Confirmed that she knew Butcher and had “partied” at his shop several times. Face to face interview scheduled the same day.

Interview:     

Recognized Anna as the girl from the photos with the stitch pattern drawings. Showed Anna the images – said she has no memory of the event. Anna’s eye’s were open, likely intoxicated/drugged, but not unconscious. None of the images legally “Child Porn”. Anna had been extremely intoxicated on several occasions with Butcher, but no specific memory of unexplained blackout or “Indian Tea”.

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Sexual assaults, in general, are underreported.



Butcher cases – NONE of the teens contacted the police. 

Sarah – Reported by Grandmother/ER Staff



Amber – Reported by ER Staff.

 Amy – didn’t report, wouldn’t return messages.  Brandon and Patience – didn’t disclose until contacted by police 



Why?  Amber had a traffic warrant.  They were using illegal drugs  They were drinking/underage.  Didn’t “know” if they were sexually assaulted - Didn’t think anyone would believe them. How many additional Victims are out there? 50



Drug facilitated sexual assaults are not uncommon, but Butcher appeared to PREFER an unconscious victim: 

Numerous victims over several years and environments.



Consistent MO described by all the victims.



Willing sexual partner (Tammy), but CHOSE to drug her.



Large amount of commercial fetish porn portraying the rape of unconscious victims.  Notable absence of “regular porn”.

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Hundreds of downloads from:   

Sleepingbitch.com Nocturnalassaults.com Sleepassaults.com



Fetish sites specializing in the rape of unconscious women.



Staged videos of women being drugged and raped.

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Sexual Predator



Serial Rapist



Numerous Victims



Continued Pattern of Behavior



Obvious Threat to Society 55



Rape? 

Pros:  All victims could testify to drinking tea, blacking out.  Sarah tested + for Xanax  Visible Injuries on Amber.



Cons:  NONE could testify to sexual assault – no memory.  Video of Tammy – What does it show? Witness bias?  Video of Jane Doe – Unidentified Victim.



Child Porn/Lewd Proposals?  Katie, Jessica, Morgan - admit lying about their age.  Anna – Graphic images, but no nudity. 56



March 2008 - Arrest Affidavit Submitted.



Charges Declined:  CAM 11 Victim Unidentified – no victim/no charge.  Unable to prove that sex acts occurred with the girls who

visited Butcher’s shop – no memory.



Agreed to file case only if Jane Doe was identified.

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Local television news.



Print media in OK, AR, MO, TX and KS.



Various BLOG Posting.



Inter-Agency Bulletins.



Printed Flyers at local businesses



Numerous Tips but all dead ends. 



Bring out the crazies!

Unable to identify Jane Doe. 58





04/21/2008 – Received information that Butcher was tattooing again at a shop in Tulsa. 04/22/2008 - Meeting with ADA  Argued that Butcher presents a continuing danger to the public.  Convinced ADA to file some charges now and additional charges if we are able to identify Jane Doe.  Agreed to file charges to get Butcher in custody while the investigation continued.

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04/25/2008



Sexual Battery – Couch Video/Victim Tammy



Possession of a Firearm AFC – Handgun



KCSP – Stolen TV



Bond Increase Approved by Judge. 60

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05/01/2008 Waited at his new employer – Tattoo shop in Tulsa.



Arrested when he arrived for work.



Seized laptop computer from vehicle:  50+ rape fetish videos recovered from new laptop.

 Downloading videos 20 minutes prior to arrest. 61



Changed story – Now claimed he didn’t know Tammy was unconscious when he touched her. 



Claimed Jane Doe was a woman he met in a bar/one night stand.  



She passed out when he went to get the camera to film consensual sex acts.

Now claimed Jane Doe was role playing/acting unconscious. Claimed Jane Doe was the one who downloaded videos from sleepingbitch.com because she wanted to “show him her fantasy”.

Expressed extreme anger/bitterness towards Tammy (and all women). 

Claimed he filmed other sex acts so Tammy would see them, be hurt because she had cheated on him, wanted to hurt her.

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Butcher’s case sat with little progress for the next year.  Numerous continuances.  Case passed around between prosecutors.  Almost offered probation by ADA.  Numerous Public Defenders – all hated Butcher.

 No ADA’s wanted it – until Jack Thorp watched the video.

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ADA Jack Thorp •

Early 2009



Former DA Liaison for Owasso



Lived in Owasso



Met for lunch – Discussed Butcher



Jack Agreed to Review Case



Reviewed file/Watched CAM 11 Video  Instantly caught Butcher Obsessive Disorder!



Original charges were WEAK! 

Possession of a Firearm AFC– Gun from Apartment.  Chain of Custody Issues.



Sexual Battery – Tammy Video  Existing relationship, bad video – touching?



KCSP – Stolen TV  Lack of evidence to prove he knew it was stolen.



More appropriate charges? 

Alcohol to Minors  Can we prove they were underage? Yep!

 Can we prove Butcher gave them alcohol? Yep!  Felony – 5 years DOC max./per count.



KCSP  Can we prove the Viagra was stolen? Yep!  Can we prove that Butcher “should” have known? Yep!



Possession of CDS  Did butcher have Xanax pills? – Yep!  Did he have a prescription? Nope!

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No person may be convicted of rape in the second degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are: 1.

Sexual intercourse

2.

with a person who is not the spouse of the defendant (Overruled by Case Law)

3.

where the victim was intoxicated by a narcotic (anesthetic agent)

4.

given by/(in the presence of) the defendant];

5.

as a means of forcing the victim to submit].

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Can we prove ALL the elements for Rape? 

Sexual intercourse - Yep! 



Uh, did you watch the video?

Intoxicated by a narcotic – Yep! 

Medical expert, jury common sense.



Given by the defendant - Yep!



As a means of forcing the victim to submit – Yep!





Pattern of behavior/past actions.

Preference for Unconscious Victim – Tammy & Porn Collection.

Is “identify the victim” one of the elements?

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April 30, 2009 

Offer: 

POG to Possession of a Firearm  Drop Sexual Battery  Drop KCSP (TV)





4 Years DOC



Deal ONLY applies to existing charges.

Butcher accepted offer.

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9 Brand New Felony Charges!



CF-2009-2028



  



Filed April 30, 2009 (Same day as plea deal).

KCSP – Viagra Possession of CDS – Xanax Alcohol to Minor (5 Counts)

CF-2009-2030  

Rape II Rape II by Instrumentation  “Jane Doe” Victim on both



If all else fails - guaranteed prison time from plea deal. 70

 

Met weekly for the next year. Tried to find other cases of rape conviction without an IDENTIFIED victim.



Couldn’t find any – No case law.



Found 1 case in England - 2009    

1st such conviction in UK history. Detective Inspector Diane Davies - Dyfed-Powys Police Department Compared Cases – very similar - except young children. If the Brits can do it, so can 2 rednecks from Oklahoma!

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Knowingly Concealing Stolen Property   



Allowed us to test waters before rape trial:   



Interview Hearings Evidence Hearings Search Warrant Hearings

Short trial – quick guilty verdict - KCSP.   



Defense motion - Split Case – KCSP ONLY Alcohol and CDS charges: Separate Events = Separate Trials. No testimony from teens– Boo!

6 months DOC. Judge – no credit for TS, runs CS to 4 years from 2009 plea deal. Jury – not happy when told of other allegations.

Lesson Learned – NEED testimony from girls to anger jury.

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Rape and Rape by Instrumentation CAM 11 Video



  

Identifies Butcher Proves penetration – digital and penile. Lets jury decide if Jane Doe is unconscious/consenting.

Used “Victims” as witnesses



 

Couldn’t testify about rape, but could testify that they consumed a drink provided by Butcher and immediately lost consciousness. Pattern of Similar Acts - Showed that Butcher had the ability , desire and intent to render a person unconscious – just like he did to Jane Doe?



Pornography Collection



Tammy



 

Motive – Butcher’s sexual preference is for unconscious females.

Jurisdiction – apartment Date of Offense – Tape on Dresser 73

Defense - Closing arguments suggested “fake snuff film” – Jane Doe only acting unconscious.





Jury deliberated for less than 15 minutes.



Guilty – Rape II and Rape by Instrumentation.



Recommended 30 years per count (CS). 74

Judge agreed with the jury: 

60 years 



85% Crime 



CS to previous convictions.

55 years minimum before parole.

Dropped other pending jury trials  

Alcohol & CDS Beating the proverbial dead horse?

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Convictions sent to the Oklahoma Court of Criminal Appeals:  F-2010-330 and F-2010-759 June 2011 – Both Convictions AFFIRMED 

Court unanimously ruled that Jack and Woody are awesome!



No issue with unidentified victim for rape conviction.



No issue with using girls to testify about Pattern of Similar Acts.

And we all lived happily ever after….. Until…..November 2011

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Dominic Patrick Butcher 07/25/1977 – 11/08/2011

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