Created:Thursday, April 14, 2011 5:30 a.m.CDT

Butler's condition upgraded to fair


The good news continued Wednesday for ailing Northern Illinois linebacker Devon Butler.

OSF Saint Anthony Medical Center in Rockford upgraded Butler's condition to fair, yet another significant step since being shot in the upper side of his right back late on the night of April 5.

Butler, 19, has been at the Rockford hospital since the early morning hours of April 6, where he originally was listed in critical condition. After undergoing surgery, Butler was upgraded to serious condition this past Friday.

Mark O. Orozco, 24, and Richard F. Van Arsdale III, 20, have been charged with attempted first-degree murder, among other things, in the shooting of Butler.

Police said Orozco and Van Arsdale are responsible for firing four rounds from a 9 mm gun while they were in a vehicle into the apartment building at 1009 Aspen Court, where Butler was visiting with friends. One of the bullets struck Butler in his back. Bond was set at $1 million each for Orozco and Van Arsdale during April 7 hearings at the DeKalb County Courthouse in Sycamore.

During a search of Orozco's residence at 1234 Rushmoore Drive in DeKalb, police found a 9 mm gun they believe was used in the shooting, Phil Montgomery, a prosecutor with the DeKalb County State’s Attorney’s Office, said Thursday. They also found a few marijuana plants in Orozco’s residence, Montgomery said, as well as a drug ledger and about $800 in cash in the false bottoms of a soft drink bottle and a container of Ajax underneath a sink.

When they searched Orozco’s vehicle, a Dodge Durango, three shell casings were found, Montgomery said. An additional shell casing was found on the roadway where the shots were fired.

Orzoco and Van Arsdale have been charged with attempted first-degree murder and aggravated battery with a firearm. Both are Class X felonies punishable by up to 30 years in prison, or up to 60 years if an extended term applies.

They also are charged with aggravated discharge of a firearm, a Class 1 felony punishable by up to 15 years in prison, or up to 30 years if an extended term applies, and unlawful delivery of marijuana, a Class 4 felony punishable by up to three years in prison, or six years if an extended term applies.

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