Two Elgin brothers plead guilty to felony offenses relating to a 2019 fatal shooting
ELGIN – Kane County State’s Attorney Jamie Mosser recently announced that 28-year-old Xavier L. Butler of the 200 block of Windsor Court in Elgin has agreed to a sentence of 30 years of imprisonment in the Illinois Department of Corrections (IDOC) in exchange for a guilty plea to the offense of armed violence, a Class X felony, in the August 2019 shooting death of Joshua Tyler Bey, 24, of Elgin.
Additionally, Xavier’s brother, 26-year-old Isaiah Y. Butler of the 200 block of Locust Street in Elgin, agreed to a sentence of 15 years in the IDOC in exchange for a guilty plea to the offense of second-degree murder, a Class 1 felony.
Kane County Assistant State’s Attorney Mark Stajdohar explained that at about 10:30 a.m. on Aug. 6, 2019, Bey and his friend met with Xavier and Isaiah in the parking lot of an apartment complex located in the 1200 block of Fleetwood Drive in Elgin.
The group had been arguing about two women, with whom they were acquainted and who had fought the previous day, according to Stajdohar.
Bey and Xavier were both carrying a handgun on the day of the incident. As Xavier approached, Bey proceeded to pull out his gun and hold it against his side.
Stajdohar told the court that as the argument continued, the Butler brothers began to push Bey.
A fight broke out amongst the group when Isaiah punched Bey. Xavier then shot Bey and took his handgun.
During the struggle, Xavier accidentally shot Isaiah in the thumb. Stajdohar stated that the two brothers kicked Bey as he lay on the ground dying.
Following the incident, the brothers fled to Milwaukee, Wisconsin.
On the morning of Aug. 10, 2019, the Butler brothers surrendered themselves to Elgin Police officers.
“Isaiah Butler was convicted of second-degree murder because he unreasonably believed that he and his brother faced imminent danger,” said Stajdohar. “Although Xavier Butler also could have been convicted of second-degree murder, he was convicted of armed violence because the accompanying sentence most accurately reflects his criminal actions.”
The Kane County State’s Attorney’s Office states that the maximum sentence for armed violence is 30 years of imprisonment, while the maximum sentence for second-degree murder is 20 years of imprisonment.
Per Illinois law, each man is eligible for day-for-day sentencing. Each man receives credit for 937 days served at the Kane County Adult Correctional Facility in St. Charles.
“Each of these defendants is responsible for the death of Joshua Tyler Bey, and each is responsible for the actions of the other. The charges that each man pleaded guilty to are the most appropriate way to impose a correct and suitable sentence,” Stajdohar said.
He continued, “Sadly, however, it should not be necessary. Four young men went to a parking lot to fight a fight that wasn’t theirs. One of them ended up dead and the other two are headed to prison. Now they will sit in prison for a senseless act. My thanks to the Elgin Police Department for its thorough investigation of this matter.”
