KATY, Texas (Covering Katy News) — A court filing obtained by Covering Katy News reveals Harris County prosecutors told a judge that the driver charged in the fatal Katy Tesla crash had a prior Navy arrest and military disciplinary history for possession of child pornography.
The disclosure appears in a Motion for Sufficient Bail filed July 1 by the Harris County District Attorney's Office. In asking the court to set Michael David Butler's bond at $200,000, prosecutors wrote: "The defendant has prior arrest and disciplinary history for possession of child pornography while in the U.S. Navy, for which he received internal military discipline sanctions."
Butler is charged with manslaughter in connection with the June 19 crash after his Tesla left Rose Hollow Lane and crashed into a home in the 21300 block of Rose Hollow Lane, killing 76-year-old Martha Avila.
Covering Katy News
The legal document that reveals Michael David Butler has a prior arrest and disciplinary history for possession of child pornography while in the U.S. Navy, for which he received internal military discipline sanctions.
Judge Set Bond at $150,000
The State asked the court to set Butler's bond at $200,000. Court records show a judge later set Butler's bond at $150,000, an amount that remains substantial. As of Thursday, Butler remained in the Harris County Jail and had not posted bond.
Motion Details Prosecutors' Concerns
The one-page motion also states that Butler is alleged to have "driven his vehicle at 73 miles per hours on a residential street, past a group of young children, and to have driven this vehicle through the front of a brick home, killing a resident of the home, while the defendant was completely sober, awake, and alert."
Beyond the quoted statement regarding Butler's military history, the motion provides no additional details about the alleged Navy incident, including when it occurred, whether it resulted in criminal charges or a conviction, or the nature of the military disciplinary action.
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The Tesla crashed into this house in the 21300 block of Rose Hollow Lane in Katy.
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Martha Avila
NTSB Found Driver Overrode Tesla's Full Self-Driving System
The case has drawn national attention because Butler initially told investigators his Tesla's Full Self-Driving system was engaged before the crash. However, the National Transportation Safety Board's preliminary investigation later concluded Butler overrode the system by fully depressing the accelerator, allowing the vehicle to accelerate to more than 70 mph before leaving Rose Hollow Lane and crashing into Avila's home. Covering Katy News previously reported on the NTSB's findings and what investigators determined occurred in the seconds before the crash. Read the NTSB story here.
Defense Attorney, District Attorney's Office Decline Further Comment
Before publication, Covering Katy News contacted Butler's attorney, Andrew Herreth, seeking clarification about the prosecutor's description of Butler's military history. Specifically, the news organization asked whether Butler disputes the prosecution's characterization of what occurred while he served in the U.S. Navy, whether the matter resulted in criminal charges or a conviction, whether Butler received military disciplinary action, and whether there was any additional context that should be included in the reporting.
"We have no comment," Herreth said.
Covering Katy News also contacted the Harris County District Attorney's Office seeking additional information about the filing.
"Everything we have to say is in the public record the District Attorney's spokesperson Damali Keith responded told Covering Katy News.
Questions Remain
The motion does not identify when or where the alleged military incident occurred, whether it was investigated by military or civilian authorities, or whether it resulted in a court-martial or another criminal proceeding. It likewise does not include any supporting records related to the allegation.
Covering Katy News has requested additional records from the U.S. Navy and the Naval Criminal Investigative Service in an effort to determine the circumstances referenced in the prosecutor's filing and will update this story if additional information becomes available.