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Governor And First Lady Subpoenaed By ATF"s Defense In Murder Trial  

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InnAtPelicanHeights
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October 26, 2010 10:04 am  

Some of you might have read this and been following the story, a must read is CNN's tory and what CNN is reporting about this upcoming trial, to include the defense subponening the Governor and first lady ----WOW.

Either way of the outcome of this trial, expect big time national coverage on this as I have lots of friends in the states part of the police community inquiring on more information on what is going on here in the Virgin Islands.

ATF agent faces murder trialSTORY HIGHLIGHTS
NEW: ATF deputy director says the agency stands by Clark
Clark, a 9-year veteran of the ATF, is charged with second-degree murder
His prosecution has prompted ATF to remove all agents from the Virgin Islands
Prosecutors say Sukow struck Clark's car with a flashlight; Clark shot him five times

RELATED TOPICS
U.S. Virgin Islands
Bureau of Alcohol, Tobacco, Firearms and Explosives
Crime and Law
Washington (CNN) -- Is Will Clark a villain or a hero?

Was the off-duty federal agent brave and chivalrous, or did he overreact when he intervened in a heated domestic argument and shot a man five times, killing him?

A U.S. Virgin Islands jury this week will hear the case for and against Clark, a nine-year veteran of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, now charged with second degree murder.

The prosecution of Special Agent William G. Clark for the 2008 shooting death of Marcus Sukow has enraged many federal law enforcement officers, who say Clark was heroically coming to the defense of a battered woman.

Federal authorities were so incensed by the Virgin Island's prosecution of Clark -- and so concerned other federal agents could similarly be prosecuted -- that they removed all ATF agents from the Virgin Islands in 2008, a policy that continues today, the agency said.

The U.S. Virgin Islands is an unincorporated territory of the United States, and as such has a unique legal relationship with the federal government.

While the broad outline of the shooting is undisputed, two government investigations came to starkly different conclusions.

A federal government multi-agency investigation of the 2008 incident unanimously concluded the shooting was justified. The ATF even returned Clark's gun and badge and put him back to work.

But a Virgin Islands Police Department investigation prompted prosecutors to charge Clark with second degree murder.

The incident occurred the morning of Sunday, September 7, 2008, outside a St. Thomas condo, where all of the main participants were neighbors.

According to a police affidavit, Clark was leaving his condo when he encountered Sukow and his girlfriend, Marguerite Duncan. They had been drinking and were having a "disagreement." Duncan asked Clark for a ride to the guard gate and got in Clark's sports utility vehicle.

Sukow approached Clark, who was sitting in the car with the driver's door open. One witness said he saw Sukow striking the driver's door with his flashlight, and saw Clark draw his weapon and tell Sukow to step back.

"Mr. Sukow stood there with his hands at his side when William Clarke [sic] discharged his firearm at him several times," the affidavit reads.

Local prosecutors evidently were heavily influenced by two facts: First, the deceased, Marcus Sukow, was armed only with a flashlight; second, Clark shot him five times.

"These facts are undisputed and were the findings of the local police investigation," Gov. John de Jongh Jr. wrote in a letter justifying the prosecution.

But a defense lawyer says the local police department's affidavit is inaccurate and its investigation grossly incomplete.

Attorney Mark Schamel said Sukow weighed 260 pounds, had a history of violent assaults, and was acting violently at the time of the incident.

When Clark first encountered the fighting couple, Sukow was naked, intoxicated and shouting threats at his girlfriend and racial slurs at a neighbor who had come out during the commotion.

At one point, Sukow went into his condo and returned wearing gym shorts, and then pelted his girlfriend's car with landscaping stones.

After Duncan sought refuge in Clark's car, Sukow charged at Clark's open driver door, the flashlight -- a heavy-duty, 18-inch metal one -- raised "like a tomahawk," poised to strike Clark, Schamel said.

Clark fired rapidly, as he was trained, Schamel said.

Tests later showed that Sukow had a blood-alcohol content of 0.29 percent, and had barbiturates and morphine in his blood, the defense lawyer said.

Schamel said the former head trainer for the Virgin Islands Police Department academy will testify as an expert witness that the shooting was justified.

Schamel said he also has subpoenaed the Virgin Islands' governor and first lady to testify, because Duncan called them shortly after the shooting. He declined to say what he expected them to say.

On Monday, ATF Deputy Director Kenneth Melson reiterated the agency's support for Clark.

"Special Agent Clark intervened in a domestic dispute in order to protect a woman that was endangered by her boyfriend. His actions were necessary to save a woman's life and his own life," Melson said. "The ATF family supports Special Agent Clark and seeks an immediate, non-criminal resolution in this matter."

Clark's attorney fought to have the case transferred to federal court, saying Clark was acting as a federal agent and deserved federal protections. But a district court judge ruled against the motion, and a federal court has declined to halt the trial.

"William Clark is a federal ATF agent who does not have peace officer status under Virgin Islands law and therefore had no authority to enforce law including the domestic violence statutes," said Sara Lezama, a spokeswoman for the Virgin Islands Department of Justice.

As a private citizen, Clark was authorized to carry a gun and use reasonable force to defend himself and others, Lezama said. But Sukow "did not inflict bodily harm on anyone the morning he was shot," she said.

"That's the government's general position in this case. We believe that he used excessive force instead of reasonable force in this matter," Lezama said.

Clark's advocates say the case has far-reaching ramifications.

"It is well recognized that federal law enforcement officers are immune from state criminal liability for actions that are taken within the scope of their employment as federal officers," Sen. Charles Schumer, D-New York, wrote in a letter to Gov. de Jongh. "That principle... applies with equal force in United States territories."

The Clark prosecution "has the potential to create a chilling effect on the operation of federal law enforcement throughout the United States' territories," Schumer wrote.

"The American law enforcement community is outraged that the USVI prosecutor seems more intent on punishing American cops than woman beaters," Jon Adler, president of the Federal Law Enforcement Officers Association, said in a written statement. Adler and others are calling for an investigation into the prosecution, saying it is in retaliation for federal corruption investigation in the Virgin Islands.

The spokeswoman for the Virgin Islands Department of Justice said a jury will determine the appropriateness of the shooting. That jury was being selected Monday, and the trial is expected to last seven days, she said.


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InnAtPelicanHeights
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October 26, 2010 10:09 am  

Forgot to mention, go to VI Source's link to CNN, you can click on the video of some of the CNN TV news report.


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mminstx
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October 26, 2010 10:14 am  

You can send out a subpoena, or summons, to whomever you want. It's a court order to be there. The key is what relevant testimony, if any, that witness will offer. If you watch trials, you will know that the criminal defense team's strategy is to make the trial about everything except the defendant's actions....


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Linda J
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October 26, 2010 1:39 pm  

Lawyers try to subpoena governors, senators and the President all the time. Usually you have to prove they have relevant testimony.


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Hiya!
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October 26, 2010 3:42 pm  

How in the world could this guy get a fair trial when even the Governor is saying he is guilty? How is the jury Not going to be tainted? The politicians and local law enforcement else has been saying in the local press he's guilty for a year. The justice system here is such a joke. If he really was a murder they would have just put an ankle bracelet on him and let him commit more murders!

I don't believe for a second this agent is guilty and am totally impressed by how the ATF backed this guy up. There is no way they would have made such a drastic move if they didn't believe this agent. This was no minor matter to completely pull out.


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promoguy
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October 26, 2010 8:17 pm  

My gut tells me that there will be major negative fallout if this agent is convicted of any charge.


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Captain Jay
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October 27, 2010 12:03 am  

His defense team is made up of Federal Prosecutors from the Justice department, he was cleared by a shooting team at ATF and they left the island when he was charged. The shooting was and is a tragedy for everyone involved. The actual prosecution is an absolute travesty. But don't worry he is being judged by a jury of his "peers", sixteen west Indians. Sorry I try to stay out of the political crap and I hate Nancy Grace but I hope she comes down, camps out and covers the whole thing live from the Green House. This prosecution is plain and simply a retaliation for the the federal crackdown on corruption here.
Jay


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dntw8up
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October 27, 2010 12:29 am  

What Jay said.


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aussie
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October 27, 2010 12:35 am  

Yup. Agreed.


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East Ender
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October 27, 2010 1:14 am  

"This prosecution is plain and simply a retaliation for the the federal crackdown on corruption here."

Either that or "We run t'ings" posturing.

Maybe the same thing.


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newarrival
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October 27, 2010 1:17 am  

A travesty.


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Courtney
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October 27, 2010 2:27 am  

I believe that Jay hit the nail on the head about retaliation.

It's a shame that the Federal Government may pull all of their Agents out of the VI just because the ag's office has a stick up their a**.

I have friends who are Federal Agents and friends who are local prosecutors. I don't understand why the prosecutors want to be pawns in all this.

I have to wonder what will FBI, ICE, DEA, etc will do if he is unjustly convicted. Will they pull out of the VI like the ATF did?


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glynnswife
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October 27, 2010 11:03 am  

And ever since the ATF agents pulled out how is the crime on St. Thomas? A few more murders, I believe.


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terry
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October 27, 2010 11:27 am  

I think the federal government should withhold all funds until the USVI falls in line with all of the states that reconize that the federal agents are on duty 24/7.
They Do similar things all the time in the states. In AZ they threatened to with hold all highway funding unless AZ spent money on a rail system that few people ride.


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Captain Jay
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October 28, 2010 6:41 pm  

Just heard that the Judge granted a motion to acquit today. Assuming lack of proof on the part of the prosecution.
Jay


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speee1dy
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October 28, 2010 7:21 pm  

really, i like the idea of aquital. especially listening to the Alvin G. news show this morning and reading the St Croic Source. all show the girlfriend has changed her story numerous times.


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aussie
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October 28, 2010 7:45 pm  

Interesting...

http://www.washingtonpost.com/wp-dyn/content/article/2010/10/28/AR2010102804907.html

"Ross ruled Thursday in favor of a defense motion seeking dismissal based on a technicality: that proper procedure was not followed in identifying the body of shooting victim Marcus Sukow to the medical examiner."


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Courtney
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October 28, 2010 10:12 pm  

DISMISSED!!

It's about time the incompetence of the attorney general's office worked for the good guys!!


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lily1025
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October 29, 2010 12:38 am  

judge ross also ruled "THERE CAN BE NO APPEAL'" can you just imagine the travesty that might have occured if HE[judge ross] had not been appointed to this case.?


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newarrival
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October 29, 2010 1:27 am  

This whole case is absolutely disgusting.
While the outcome is the right one, the way it was arrived at feels pretty bizarre.
I am sure there was a lot of pressure on the judge because of numerous threats by law enforcement families to begin a (warranted) tourism boycott of the USVI.
Also, no one wants to attract mainland attention to the crime problem.
Money talks!


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promoguy
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October 29, 2010 1:41 am  

As far as I'm concerned the agent should never have been charged. Would a judge really consider the value of tourism in making the decision. Hasn't seemed to happened before.


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Uttica
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October 29, 2010 3:56 am  

This whole mess only brings to light the incompetence of the attorney generals office and the vipd to the United States. CNN has been broadcasting the reports, the US papers have been writing the reports...

has this prosecution hurt us or helped us?

I actually feel sorry for the next Fed who runs a red light. If this wasn't retaliation, I don't know what is.


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mminstx
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October 29, 2010 11:37 am  

And some thought Alphonso Andrews was a shoe-in for the federal judgeship that is going to be opening up...


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Uttica
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October 29, 2010 10:26 pm  

I hope this judge gets the federal judge position. He obviously knows the law and is not intimidated by the superior court.


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Island Expatriot
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October 31, 2010 8:07 pm  

Did you guys hear that de Jongh tried to contact the judge during this trial by letter? The judge was p!ssed and ordered the letter destroyed. Sleasy.


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