Appeals court upholds Huntingdon County hit-run sentence

(Harrisburg) — An appeals court has refused to reduce the sentence imposed in a hit-and-run death outside a Huntingdon County tavern four years ago, saying the defendant used his pickup truck as a “deadly

weapon” and deserved the longer term.

The Pennsylvania Superior Court ruled this week that the 15- to 40-year term imposed on 45-year-old Gerald Buterbaugh of Huntingdon was appropriate.

Buterbaugh was convicted of third-degree murder in Franklin County in the May 2010 death of 32-year-old Dale Henry of Burnt Cabins, Fulton County. He argued that state law does not specifically list automobiles as deadly weapons that can be cited to enhance a sentence.

The appeals court ruled that although vehicles used for their intended transport purposes aren’t deadly weapons, Buterbaugh used his as one.