Nathan Butler awaits fact-finding trial for brother's death

For 6-year-old Andrew Frye of Martinsville, summer was supposed to be a time for play before the upcoming school year.

Instead, Andrew’s future was cut tragically short June 30 when his brother shot him in the head with a .22 caliber gun.

Hours later, after being flown to Riley Hospital for Children, Andrew was pronounced dead. 

Now, the city of barely 12,000 is the epicenter of a case that has rocked one of Indiana’s safest cities.      

Andrew’s 11-year-old brother, Nathan Butler, is currently being charged with one count of murder and one count of reckless homicide.

His fact-finding hearing is set for Sept. 6. The Morgan County Prosecutor’s Office decided not to try the 11-year-old as an adult.

“We looked at the age, maturity level and cognitive ability,” Morgan County Prosecutor Steve Sonnega said. “We also looked at the nature and circumstances at the offense itself.”

In Indiana, plaintiffs over 10 years of age facing murder charges can be tried as an adult.

Court documents reported by the Indianapolis Star said Butler would often intimidate his siblings with guns or knives while he babysat for his parents, who worked at their tow-trucking business.

On the night of June 30, while his parents were away, court documents said Butler was trying to get his brother to clean his room when the gun fired, fatally wounding Frye.

Officials have subsequently charged Frye’s and Butler’s guardians with a total of six felony charges in Frye’s death.

Their mother, Amanda Vandagrifft, faces four felony charges, one count of neglect of a dependent resulting in death and three counts of neglect of a dependent.

Her boyfriend, Matthew Boulden, faces two counts of neglect of a dependent.
The fact-finding hearing is scheduled to last one-and-a-half days. Most fact-finding hearings, Sonnega said, only last a couple of hours.

The judge ordered all case information sealed because of state restrictions on releasing information concerning juvenile cases.

Sonnega said Butler, should he be found to be responsible for his brother’s death, would receive some form of rehabilitative care.

He said punishment might be a “jail designed for rehabilitation and get him the help and services he needs. The overall goal is rehabilitation.”

Dr. Jennifer Spencer, a professional therapist and counselor in Bloomington, stressed this case requires a unique understanding of the boy’s personal background.

She said without a more complete evaluation of Nathan’s psychological health and personal background, a definitive explanation as to why this event transpired cannot be determined.

However, she said Butler would first have to come to terms with the gravitas of the situation before undergoing further treatment.

“Even if an 11-year-old understands that guns are dangerous, a young child will not have any real understanding of what death means,” Dr. Spencer said.

“He certainly would have no understanding of the trauma for the family in losing a child.”