State Will Handle Murder Charges Against Weaver, Feds Say

A 25-year-old Cheyenne man, who earlier this month pleaded guilty to a federal gun charge stemming from a shooting that killed two and injured two others, will not face federal murder charges.

"We were looking for jurisdiction, but the only jurisdiction we ended up having was jurisdiction over the possession of the stolen firearm and a felon in possession of a firearm," Assistant U.S. Attorney Stuart Healy said of Andrew Weaver's case.

​Weaver is accused of opening fire at 3436 E. 11th Street on Sept. 16, 2019, killing 37-year-old Adrien Butler and 30-year-old Shaline Wymer and seriously injuring two 14-year-old boys. He's also alleged to have shot at Armando Butler, who was able to avoid being struck by a bullet by falling to the floor.​

Police say Weaver told them that he'd gone to the house with the intention of trading a gun for drugs and a different gun, and that he'd bought methamphetamine from Adrien Butler in the past.

Weaver was arrested in a nearby field a couple of hours after the shooting, and reportedly had a stolen Smith & Wesson on him which he said he used to shoot the victims.

The state charged Weaver with two counts of second-degree murder, attempted second-degree murder and two counts of aggravated assault, but he was taken into federal custody before his preliminary hearing in Laramie County Circuit Court.

He took a deal with the feds, and pleaded guilty on Feb. 10 to possession of a stolen firearm. The offense carries a maximum penalty of 10 years in prison.

"It was a pretty benign plea agreement," said Healy. "The only thing that really came out of it was that we would not make him plead to the felon in possession charge."

Healy says the U.S. Attorney's Office will "most likely" recommend Weaver receive 10 years when he's sentenced on April 17.

"He will (likely) be sentenced to federal prison and then the state will writ him out of federal custody, return him to state custody and pursue their much more serious charges in state court," he said.

Should Weaver be convicted and sentenced to state prison, Healy said "he'd go back into federal custody, he'd serve the remaining portion of his federal sentence and then he'd be returned to state custody to serve his sentence there."

When asked what she thought of the federal plea agreement, Laramie County District Attorney Leigh Anne Grant Manlove declined to comment, saying, "I can't make an extra judicial statement per my ethics rules."

​​