Even while jury selection begins this week on federal civil rights lawsuits against the Moore County Sheriff's Office and a former deputy who shot two student soldiers, the deputy's own suit against the Army heads for its day in court early next year.

The U.S. government wants Randall Butler's claim dismissed without trial. It filed a motion in late September asking for summary judgment.

Butler, now the chief deputy of Lee County, was on road duty on a cold wintry day seven years ago when he stopped a green pickup just outside Robbins. He had spotted one man in the bed, apparently sleeping despite the weather. According to documents filed with the court, Butler's suspicions were aroused. When he followed the truck and it turned off on a road that would only bring it back where it came from, Butler hit the blue lights.

What followed depends on whose account the jury believes. Butler says he thought his life in danger from armed men, and he shot twice at a man he thought was going for an assault rifle in a backpack, and twice more at a man he thought was reaching for a weapon behind his back.

The first man, Sgt. Stephen Phelps, was wounded. The second, Lt. Tallas Tomeny, died. Both were student soldiers who thought the stop was part of an Army training game called Robin Sage conducted by Special Forces with civilian volunteer assistance.

Investigations by the State Bureau of Investigation and then-District Attorney Garland Yates reached the conclusion that what happened was a tragic accident resulting from a deadly misunderstanding: the soldiers thought they were in a training scenario, and Butler thought they were trying to kill him.

No criminal charges were ever filed, but both Phelps' and Tomeny's estate sued. That case is being tried now is federal court in Greensboro this week. Butler's damage suit against the government is set for a Jan., 2010, trial date.

Butler, following the incident, had to undergo many hours of counseling and therapy before he was allowed to return to duty.

In December 2005, after the Army turned down his personal injury claim, Butler filed suit against the federal government. He seeks to recover $5 million for "past and future medical expenses, loss of future wages, pain and suffering, mental distress, and loss of enjoyment of life" according to court documents.

For more on this story, see Wednesday's print edition of The Pilot.