ATF agent Will Clark is a free man this afternoon!
Jim, you need to read more than just the Avis. I've read the articles of the 3 island papers and some articles were close, some way off. Remember, the majority of the story was being fed by the AG. The Frazer made a terrible decision and I don't remember who commented about it, but the effects of it haven't even begun. We will not see the ATF in the islands for a very, very long time if ever. Those guys had to volunteer to come down. Even if the ATF decided to put agents in the islands again, which I doubt they will, do you really think one of them will volunteer to go?
Brenda Hollar is an idiot. Frazer is trying to save face. His case was weak because it was bullsh!t. I've talked to people who were in that courtroom that told me that the judge throwing it out was about the nicest thing that could have happened to Frazer. His witnesses helped the defense more than they helped Frazer's case. Judge Ross probably reserved some meager bit of 'face' for Frazer by putting the case out of its misery like a dog that'd been struck by a car and was going to die anyway, just longer and more painfully.
Don't remember who it was that thought there was something fishy about the dismissal motion by the defense. That always happens. Its as sure as sunrise and sunset. The defense always asks for the judge to dismiss a case because the government didn't prove its case. They do this before they start their defense thing. Rule 29. In this case, it worked. AG Frazer should thank the judge for finding a way to get him out of looking like a bigger idiot than he already does.
Island Expatriot
Why was the case bull? All I know is what I read in the paper and it seems that a man with a flashlight was shot 5 times by an agent of the government that is sworn to uphold the constitution. Federal agents gunning down people is not legal. Are the people of the VI so immune to murder that they think everyone should walk when they kill someone? I'm new here and have read about the crime issue on line for awhile, it is unfathomable to me that anyone would condone the use of deadly force by an agent of the government. The murder rate must be a result of the idea that anybody can kill anybody for even the slightest cause.
1. This is not some household flashlight, it one like the cops themselves carry and will use like a baton. It absolutely can be a deadly weapon. If Sudkow had not come at him with a weapon this would have never happened. What if this agent had not even been there, but just his girlfriend. We probably wouldn't even be discussing it because it would just be another murder that involved locals and drugs.
2. Many multiple violent arrest for Sudkow.
3. 260lbs with .29 alcohol, barbiturates AND morphine, someone with a violent history taking drugs like that....it was always going to end badly for him. Cops/Law enforcement is trained again and again and again and again, that when they shoot, they shoot until the criminal is down, not to wound. With all those drugs in a violent large man, who would have felt zero pain (with all those drugs), 5 bullets is not a lot.
4. All officers are trained to use greater force. If you come at any law enforcement officer with a deadly weapon, you will 9 times out of 10 get a weapon drawn on you. You need to stop and do exactly what they tell you before they ever draw that weapon.
Finally a multiple agency investigation cleared the agent. So you must believe all the fed are in this together? I think you need to go back and read some of the news articles.
The news articles have some of the facts, but the Judge was forced to follow the law as written - if the Judge had allowed the case to continue without a completed coroners report - no matter what -- it would have been dismissed on appeal immediately.
aeneas, I'm not sure if I understand your question. Are you saying that deadly force cannot be condoned under any circumstances? Do you not understand whay Hiya described about the flashlight? It may as well have been a steel pipe or a baseball bat. Had the agent been hit- and it wasn't for lack of trying by Sukow, who was drunk and high (.29 alcohol), who had smashed both cars. The agent was pinched in a tight parking lot only half inside his car. He was trapped with nowhere to go. What's more is that he had repeatedly asked/told him to back away.
You ask why he was shot 5 times. Do you realize that he didn't go down? He didn't back away. Even the security guard testified that he though they were blanks because this huge dude (Sukow) just stood there. I would have been freaked out- like Jason on Friday the 13th! The guys (Sukow) even fought with the people at the hospital and had to be strapped down.
I'm not saying that anybody deserved to die, but I am saying that the agent did deserve to live. It wasn't his fault. He had the right to protect himself. It wasn't murder. I can only imagine how it must feel for this poor guy to have to do something like that to protect himself and then have to defend himself from these BS charges. I think somebody should be looking at the AG and why he charged this poor man.
I agree that the judge didn't really have a choice, but that's the whole point of having/being a judge. To be unbiased and follow the rules of law. Brenda Hollar needs to go back to school or something. I still think that if that soup-sandwich of a case hadn't been dismissed, it would have looked even worse for Frazer before the end. People may think that the attorny general has egg on his face now, if the WHOLE thing had been heard, Frazer would be looking like big steaming pile of you know what.
This article is over a month old but I just came across it today.
JUSTICE PREVAILS FOR AMERICAN
HERO WILL CLARK
Washington, DC – Today, The Federal Law Enforcement
Officers Association (FLEOA) announced that U.S.V.I. Judge
Ross dismissed all charges against hero ATF Special Agent
Will Clark. “It’s time to bring our hero home and honor Will
Clark for all that he endured,” declared FLEOA National
President Jon Adler. “God bless every American who stood
by Will and his family during this grueling process,” added
Adler.
After the U.S.V.I. rested their case today, they proved one
thing beyond a reasonable doubt: Will Clark was wrongfully
prosecuted and deserves a medal for his heroism. Will
deserves a medal for saving the life of a battered woman, and
for enduring the suspect practices of the U.S.V.I. prosecution
team. After the U.S.V.I.’s two key witnesses provided
contradictory testimony, it raised the question as to how the
prosecutor could even bring the baseless charges to trial.
While hero Will Clark has been exonerated of all charges, the
underlying problem with the U.S.V.I. judicial system remains.
FLEOA is recommending that Attorney General Holder...
The rest can be read at: http://fleoa.org/downloads/Will%20Clar k's%20Justice%20Press%20Release.pdf
The lesson here is : Do Not have an argument with your girlfriend around an armed ATF agent who has a different agenda with her.
It sounded a bit more then an argument.
The US Constitution is not the supreme law of the land in the VI. This is where most people get it wrong. The Organic Act is...
CBP enforces the Organic Act as far as customs fees into the VI, otherwise the feds enforce US Codes.
I really doubt ATF, FBI, ICE, DEA enforce the Organic Act.
Who could stand by and watch a woman being beaten by a man and NOT use whatever force needed to stop the attack? If you're a man who's beating a woman and you see me coming up the street, you'd better find something else to do and fast.
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