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Butzien files motion to modify release agreement
ENTERPRISE — Jay Butzien of Lostine filed a motion to modify his release agreement ordered after he was arrested for growing marijuana and endangering his six children.
At the time of his arrest, his children were placed in foster care by the Department of Human Services. Earlier this week, they were released to the care of their mother, Angela Eckhardt.
Butzien’s attorney, Anne Morrison, said her client has a number of serious medical conditions and needs stable living conditions. She said his doctor confirmed the seriousness of his health issues.
Morrison said Human Services worked to restore the house, which after Butzien, 35, and Eckhardt’s arrests was condemned.
The children were returned to Eckhardt, said Jennifer Strawn of Human Services, with the conditions that the family’s dogs be kenneled so it is safe to enter and exit the home at the discretion of the agency.
Butzien was ordered by Judge Brian Dretke to abide by the same conditions in order to return to his home.
“If you don’t, all bets are off,” Dretke said. “You are giving me your word.”
Deputy District Attorney Greg Baxter said the house is in disrepair.
“It is not safe to go back,” he said. “The probation officer said he is not going to be able to get back into the home and grow equipment is still in the house.”
Strawn said in addition to kenneling the dogs, the agreement states that the home should be kept clean and not in disrepair.
“I do not believe it to be unsafe. The electrical concerns were remedied,” she said. “There is lots of clutter, but nothing that is a concern for the children’s safety.”
Strawn said that Eckhardt has a number of legal plants and was allowed one grow light for them.
Butzien is scheduled to enter a plea Jan. 15.