- Associated Press - Friday, February 7, 2014

ALBANY, N.Y. (AP) - Federal prosecutors have dropped their case against an upstate New York man they say started a fire that killed a man and his three young children last year.

Prosecutors say Friday that information about the involvement of others and issues with eyewitnesses necessitate further investigation in the case against Robert A. Butler.

Defense attorney Timothy Austin says there’s indisputable video evidence that someone else is responsible for the crime.

The Saratoga Springs man was charged last year with setting the blaze that killed 33-year-old David Terry, 3-year-old Layah Terry, 2-year-old Michael Terry, and 11-month-old Donavan Duell. Another child was badly burned.

Prosecutors say he used gasoline to start the fire at the rented residence in Schenectady last May.

They dismissed the case without prejudice and say they’ll continue to investigate.


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