Schenectady
A criminal probe by federal authorities into a Schenectady house fire last year where a stay-at-home father and his three young children perished appears to be widening now that a new person of interest has apparently emerged, according to multiple people familiar with details of the ongoing investigation.
This development in what authorities have described as an "unusual and complex" criminal case — that could end with the death penalty — seems to be focusing on the boyfriend of a woman the children's father, David Terry, may have been involved with, according to those with knowledge of the probe.
The man's vehicle, those people familiar with the case say, is captured on surveillance video arriving and leaving the area around the 438 Hulett St. home where the deadly blaze happened during the pre-dawn hours of May 2.
The same man, who does not face criminal charges, also allegedly sent more than 100 text messages to Terry's cellphone, including at least one in which he threatens to kill Terry, 32, according to those with knowledge of the investigation.
It's unclear when this potentially new evidence was uncovered and what, if any impact, it may have on Robert Butler, the Saratoga Springs man charged with arson resulting in personal injury and death. The blaze killed Terry and his children, Layah Terry, 3; Michael Terry, 2; and Donavan Duell, 11 months. Terry's 5-year-old daughter, Sa'fyre, survived the blaze but suffered burns to 75 percent of her body, according to relatives.
Butler, 28, is the ex-boyfriend of Jennica Duell, 25, the mother of the young victims and Sa'fyre.
Federal authorities in Albany contend Butler poured gasoline and ignited the fire at the home, angry and bent on revenge because Terry had kicked him out for hitting Duell.
Initially charged in state court, Butler has not been indicted federally and authorities have twice requested and been granted an extension on the deadline to take that action. U.S. Attorney Richard Hartunian's office now has until Feb. 10 to indict Butler under a joint agreement with the defendant's attorneys.
On Friday, Butler's assistant federal public defender, Tim Austin, said they are awaiting possible grand jury action.
"It continues to be our position that it is extremely important to Mr. Butler that the grand jury hear and consider all the available evidence in the case and we hope they have that opportunity," said Austin.
Executive Assistant U.S. Attorney General John G. Duncan declined comment Friday when asked generally about the possibility of any new developments in the case.
"If there were, we wouldn't be able to discuss it," he said. "Anything that's investigatory, we're prohibited from talking about it publicly."
Defense attorney Frederick Rench of Clifton Park confirmed Friday that he is representing Brian Fish, one of Butler's two uncharged co-defendants. Rench declined any more comments.
Duell, the deceased children's mother, is the other uncharged co-defendant. She also declined comment Friday, saying her attorney, Daniel J. Stewart of Queensbury, advised her not to discuss the case. Stewart also declined comment.
On the night of the fire, Butler allegedly traveled from Saratoga Springs to Schenectady, according to court documents in the case. On the way, court documents allege, Butler "said something about killing David Terry, or words to that effect."
Two alleged eyewitnesses identified Butler as the arsonist, according to the court records.
A criminal complaint written by a federal investigator said a friend of Butler sent text messages just days before the blaze stating that Butler was about to "go to Schenectady to split some wigs" and that "Rob wants to kill."
U.S. Attorney General Eric Holder will ultimately decide whether to bring the death penalty case against Butler.
In July, Duell, in an exclusive interview told, the Times Union that she was asleep in Saratoga Springs during the blaze — not at the arson scene, as she testified under oath to the grand jury. Duell said she initially told Schenectady police that she was in Saratoga Springs, coming down from an LSD trip, but changed her story when officials did not believe her.
http://www.timesunion.com/local/article/Person-of-interest-emerges-in-fire-that-killed-4-5154318.php
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