Photo by: Michael Clubb
June 25, 2025
A South Bend police officer who's been suspended without pay since last year awaiting trial saw his two charges of child seduction dismissed in court June 24.
The St. Joseph County Prosecutor’s office moved to dismiss its case against suspended South Bend Police officer Rico Butler after evidence was excluded from his trial, which began June 23 with jury selection.
With messages between Butler and the girl barred from being shown to a jury, as well as Butler's reported confession, that left a lack of evidence to link Butler to the sex crimes he was accused of.
“This is one of those cases where — we’re all familiar with these cases having been in the justice system as long as we all have — when the case we have when we charge the case is not the case we have when we get to trial,” St. Joseph County Superior Court Judge Christopher Fronk said.
Charges against Butler
An anonymous tip to the Department of Child Services on Feb. 29, 2024 alledged a sexual relationship between Butler and a female student, 17, who attended New Vision Christian Academy, where Butler worked as a basketball coach and school resource officer, prosecutors said.
Butler was accused of having sex with the girl inside the school, at her home when her mother was out, and in his vehicles, including his squad car, the prosecution said. Information in the probable cause affidavit also said Butler admitted to having sex with the victim on multiple occasions, with one of the occasions being November/December of 2023.
Butler, a South Bend officer sworn into the department in December 2022, was charged with two counts of child seduction by the St. Joseph County Prosecutor's office on March 2, 2024.
The Tribune is not naming the girl Butler was accused of seducing, so she will be referred to as “the girl.” Her friend, who gave detectives Snapchat messages allegeding illicit text exchanges between the girl and Butler, will also not be named to avoid identifying the girl.
Judge Fronk, along with a jury, heard opening statements and some evidence June 24 from St. Joseph County Deputy Prosecutor Patrick Dowd, after a jury selection June 23. The Tribune was not permitted to observe jury selection.
Establishing connection, not crime
“I expect the evidence will fail to show that Mr. Butler had any contact with (the girl) in the scope of his official duties as a law enforcement officer,” Butler’s defense attorney Michael Tuszynski told the jury in his opening statement.
Dowd first called as a witness the girl’s mother, who said she knew Butler from the school and said he was “hanging around,” saying he was a “mentor to other kids in the school.” She said she knew Butler was a police officer because she would sometimes see him in uniform and see his patrol vehicle at the school. Dowd showed a picture to the mother, who identified her daughter in the picture. The picture was not described or shown to the jury or people in the gallery. The girl attended New Vision from her sophomore year to graduation. She was a “good student” and when asked if she did well academically, the mother replied “yes.” Dowd did not ask the mother any questions regarding Butler’s charges.
More: Charges dismissed against South Bend police officer accused of child seduction
The prosecution established that Butler was near the girl’s house on five different occasions between Aug. 1, 2023 and Dec. 1, 2023, after calling a South Bend lieutenant, who regularly conducts GPS checks on patrol vehicles and body camera, to the stand. The lieutenant said GPS showed Butler was at the girl’s address while he was off-duty.
In a video — the camera was facing upward showing a window and car sunroof, but not any people — a female and male voice could be heard talking as the driver was driving. A Mishawaka Police captain, who was a detective with St. Joseph County Special Victims Unit before his promotion in July 2024, investigated this case and he said he confirmed the voices on the video belonged to the girl and Butler. In the video, the prosecution said, part of the conversation included Butler saying “I should have gone home to get my truck.” The girl then responds saying, “no one will ever know I am in here,” and Butler said, “everyone knows my number.” Dowd said this conversation implied they were doing something illicit.
A former St. Joseph County Police Department female detective interviewed the girl. When the detective left the interview room, detectives noticed the girl took out her phone and began moving her fingers as if texting. The prosecution showed video of this incident. A judge gave permission at the time for the phone to be searched. The Mishawaka investigator said he saw a contact on the girl’s phone listed as “uncle Bossy" with a crying emoji and black heart emoji. The detective said he confirmed this number to be Butler’s.
Dowd also showed a photo in a group chat — which he believed to be between Butler, the girl and a third person, in which a screenshot of a video shows a selfie of Butler in his SBPD uniform with a police patch on his shoulder.
Snapchat messages barred from evidence
Much of the prosecution’s evidence connecting Butler to alleged sex crimes was provided by the girl’s friend, who gave detectives screenshots of Snapchat messages allegedly showing explicit exchanges between the girl and Butler.
Neither the girl, nor her friend, were called as witnesses.
One of the girl's Snapchat contacts was listed with the display name “bossy 718” and the username “King Butler 15.” The contact, believed by the prosecution to be Butler, had the same avatar as shown on the girl’s phone, the detective said.
The prosecution and defense disputed whether the Snapchat conversations should be admissible. They debated this while the jury was out of the courtroom. Dowd argued the messages of “salacious nature,” were provided by a child, saying it should be admissible as circumstantial evidence.
Tuszynski argued the chats are propensity evidence — character evidence.
“Propensity evidence is not how we get a rightful conviction,” Fronk said.
Dowd argued Butler’s relationship was clearly more than a professional at a school. He said it was more than a relationship between a teenager and mentor.
Tuszynski said these communications can’t be tied to his client, saying there’s not sufficient reliability that these communications were made by Butler.
Without testimony from the girl or her friend, Tuszynski said, the prosecution simply has evidence of interaction. Corpus Delicti — the principle that a crime must be proven before a person is convicted of committing it — falls short, Tuszynski said.
Fronk ruled to not submit the chats as evidence to the jury.
Charges dismissed
In the probable cause affidavit, the prosecution said Butler stated he and the girl had sex on multiple occasions. Dowd wanted to submit Butler’s statement during his March 1, 2024 investigation into evidence. The attorneys and judge discussed whether this evidence should be shown to the jury.
Under Corpus Delicti, a person’s incriminating testimony is not enough to convict them without additional evidence to provide an inference that the defendant committed this specific crime, Fronk said.
Upon reviewing Butler's interview with detectives, Fronk said, Butler appeared intelligent, relaxed and showed no evidence of coercion, but said “a defendant cannot be convicted based solely on the source of his confession.”
The prosecution established contact between the girl and Butler, text conversations, evidence of a car ride alone and evidence of being near her home, but Fronk said the evidence is not specific at all to this alleged crime.
He asked Dowd if he reasonably expects to have any additional evidence to prove the crime occured. Dowd didn’t. Fronk then barred the confession from evidence.
“I think we’re at breaking point here,” Fronk said.“I agree,” Dowd said. “At this time, the state has optioned to dismiss this case.”
People in the gallery in support of Butler clapped and cheered. Jeopardy was attached to the case when the jury was sworn in, Fronk said, so Butler can’t be tried again for the same crime.
“Mr. Butler, you’re discharged,” Fronk said. “You’re free to go. Cause is dismissed.”
The party in support of Butler exited the courthouse quickly. Butler’s mother hugged the girl’s mother outside.
Next steps for South Bend Police
With the conclusion of criminal proceedings, the police department will conduct an internal investigation into Butler's actions. The department is prevented from conducting an internal investigation while criminal matters are either being investigated or proceeding, Chief of Police Scott Ruszkowski told The Tribune on June 23 by email. Findings, testimony and evidence from the criminal investigation and proceeding can be used in the internal affairs investigation, Ruszkowski said.
Butler is currently relieved of duty without pay, not terminated from the South Bend Police Department.
Ruszkowski said he'll notify the Board of Public Safety when the adjudication occurs. When Butler's family was asked if he'd be requesting back pay or what Butler's status with the police department will be, they declined to comment.
Email Tribune staff writer Camille Sarabia at csarabia@gannett.com.