A federal judge has dismissed a lawsuit filed by a former Moore County sheriff’s deputy against the Army over a fatal shooting during the Robin Sage exercise eight years ago.

Randall Butler shot and killed one soldier and wounded another in February 2002 in an encounter near Robbins during a clandestine training scenario. The Army, the State Bureau of Investigation and the district attorney all concluded it was a tragic case of mistaken circumstances, and no criminal charges were ever brought.

However, the wounded soldier, the family of the one who died and Butler all filed civil suits.

In January, former Army Sgt. Stephen Phelps agreed to dismiss his claims against the Moore County Sheriff’s Office and Butler in an out-of-court settlement under which he was to receive $580,000. A federal jury’s award in a 2009 trial was bypassed, as no judgment was entered before the case settled.

Butler sued the Army. But last week, federal Judge William Osteen dismissed his lawsuit, accepting a magistrate judge’s recommendation.

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