Wayne County Outlook

Clark found guilty of second degree assault
Melodie Phelps
News Editor

A Wayne County man was found guilty of second degree assault in

connection with the July 2003 shooting that injured a Monticello Police

Officer. After more than two days of testimony, the jury deliberated for

several hours before returning the verdict against Barney Clark on

Wednesday, October 26.

Clark was charged in connection with the injury to Officer Sheridan

Wright, who was shot in the face outside the Clark residence on July 17,

2003. The officer lost an eye in the incident.

Clark was originally indicted for attempted murder and first degree

assault in connection with the incident. At trial, he faced amended charges

of first degree assault and three counts of wanton endangerment first

degree.

The jury found Clark not guilty on the three other charges and the only

guilty verdict was on the lesser assault charge. During the penalty phase,

the jury could not reach a recommendation and returned to the court after

more than a hour to inform Special Judge William Cain of the difficulty.

The jury was released and Cain set a sentencing hearing for Clark on

December 6 at 1 p.m. in Wayne Circuit Court. The charge of second degree

assault carries a sentence of five to 10 years, according to court

officials.

Clark's trial began Monday, October 24 and concluded after 5:30 p.m. on

Wednesday. He was represented by James Cox and Teresa Whitaker, with the

Public Defender's Office. Commonwealth Attorney Larry Rogers and Assistant

Commonwealth Attorney Angela Capps prosecuted the case.

Several Monticello Police officers were on the stand Tuesday, as the

Commonwealth presented the brunt of its case. Officer Robert Ellis, who was

the first to arrive on the scene after Wright was shot, took the stand early

Tuesday morning.

Ellis, who said he had been at the Clark residence earlier in the day to

try to serve a bench warrant on the defendant, said he and Chief Melvin Rose

were on a call on Chesney Street when dispatch informed him that Wright was

responding to a call on Craig Street.

Ellis said he was on his way to Craig Street when he heard Sheridan

state that he could not see. When he arrived there, Ellis said that Wright

was on the ground and that neighbors Johnny and Mary Bates were helping him

to their house.

Ellis described his entry to the Clark residence, where he found Barney

Clark in the bathroom of the home. He said he apprehended Clark and

handcuffed him.

Ellis testified that he found Clark's shotgun outside the bathroom

window, and that the gun had another live round in the barrel. He also

stated that the hammer to the gun was cocked.

One shell casing was found at the back of the Clark residence, according

to the officer. He said he also found two shotgun shells and a pocket knife

on the defendant.

Under cross-examination by Cox, Ellis said that he knew Barney Clark and

knew that he had been arrested before. He referred to the defendant as an

"easy arrest."

Monticello Police Officer Ronnie Ellis said he transported Clark to the

Wayne County Hospital after the shooting occurred, since the defendant had

been wounded in the incident. Ronnie Ellis said that Clark would have to

wait for treatment, since the ER was treating the police officer.

Ronnie Ellis said he consulted Rose after relatives began to arrive and

became hostile toward Clark, who was still in his police car. Rose told the

officer to take Clark to Somerset for treatment.

Ronnie Ellis later transported Clark back to the Wayne County Detention

Center. The officer also testified regarding a video taped interviewed he

conducted at the police department a couple of days later with Clark.

The jury had already viewed the tape during the first day of testimony.

At that time, Ronnie Ellis said that Clark told him that Wright had fired

first. Ronnie Ellis stated that Clark was concerned about Wright and asked

about his condition. The officer said that Clark told him that he would give

up an eye for Wright if he could.

Ronnie Ellis also testified that when he asked Wright later who had

fired first, Wright said that he did not know.

Donald Ray Turner also testified on Tuesday morning. Turner made the

call to the 911 dispatch center on July 17, regarding Clark firing his gun.

Turner said that heard a shotgun blast earlier in the evening, then saw

Clark outside the back of his home with a gun.

Turner said that Clark pointed a gun at a little girl who was riding

through the yard and that is what prompted him to call the police.

The most compelling testimony of the day came from Wright, who took the

stand right after lunch. Wright recounted the events of July 17, from the

time he was informed of the problem on Craig Street.

He said he was working at the station on a case that he had been

investigating, when dispatcher Johnny Dishman asked if he could take a call

on Craig Street. The dispatcher said that Clark had fired a gun at a trailer

and had shot at a girl on a bicycle.

Wright said he turned off his blue lights before arriving at Craig

Street and parked a safe distance from the Clark house, so he could approach

on foot. Wright described walking along the tree line to try to stay out of

sight.

The officer said he saw Marshall Clark on the front porch of the

residence and asked him what was going on. Marshall Clark said that his

brother Barney was behind the house and he had been shooting. Wright said he

was walking toward a tree that would provide some cover, when he saw

something move from behind the house. Wright stated that he could see a

silhouette of a person and the barrel of a gun.

Wright said the gun was held in a "threatening position" and the

individual holding it had both hands on the weapon. He stated they were

approximately 45 feet apart.

Wright testified that Clark told him to drop the gun. The officer said

that Clark threatened to kill him. At that point, Wright said he instructed

Clark to drop the gun at least three different times. He said Clark did not

comply.

After that everything happened quickly, the officer said. "As soon as I

pulled the trigger I was hit," stated Wright. "I didn't hear his gun...I

didn't hear my gun."

Wright said he fell to the ground and that he could not see. He said he

felt like his eye was on fire. He had dropped his service revolver and was

unable to locate it on the ground. Wright testified that he managed to crawl

behind a tree and get out his other weapon.

"He was so close to me I thought he was going to try to come and finish

me off," stated Wright.

He said he radioed for help, telling dispatch and other officers that he

had been shot and could not see. Most of the officers only got the second

part of the transmission, as they responded to the scene.

At that point, Wright said he heard a shot gun break down, from the

direction where Clark was standing.

"As soon as that shot gun broke down, I got scared," said Wright.

Wright said he saw Johnny and Mary Bates on their porch and turned and

asked them to help him. He said the couple came and helped him to the into

their home.

Wright was taken to the local hospital, then flown to the University of

Kentucky Medical Center. He said that two shotgun pellets were removed from

his eye during emergency surgery. He knew soon that he had no chance of ever

seeing with his right eye, but was concerned with keeping the eye. Wright

said he went through eight different surgeries trying to keep the eye, but

headaches and pain prompted him to make the decision to have it removed.

After Wright's testimony, the defense began presenting its case. First

on the stand for the defense was Dr. Charles Allen, a clinical psychologist

from Lexington. Allen said he examined Barney Clark in late 2003 during a

visit to the Wayne County Detention Center.

Allen said he gave Clark a series of tests including an I.Q. test, which

he said the defendant scored a 54 on. Clark explained that indicates that

Clark's overall intellectual skills fell below the first percentile.

The defense called Officer Tony Morris with the Monticello Police

Department and Deputy Wayne Conn with the Wayne County Sheriff's Department

on Tuesday afternoon. Trooper Parrish Baker with the Kentucky State Police

was the final witness on the stand for the defense.

The jury traveled to the scene of the incident on Tuesday afternoon,

along with the defendant and other court officials. The trial was adjourned

until Wednesday morning.

On Wednesday morning, the jury received instructions regarding

deliberations and the verdict. Attorneys then gave their closing statements.

Whitaker referred to the video taped statement made of Clark two days

after the shooting. She said the Clark, who did not testify during the

trial, said on the tape that he tried to put his gun down, that he was hit

by a bullet and jumped. Clark said his gun went off accidentally when he was

hit.

During his closing statement, Rogers noted that Clark had been "a very

quiet man during this trial." But he said the jurors were not seeing the

Clark who shot Officer Wright. He noted that two hours after the shooting,

Clark's blood alcohol level was .173, nearly two times the legal limit to

drive a car.

"His actions could have killed as well as maimed," sated Rogers.

The case went to the jury at 11:10 a.m. Wednesday.

Clark remains at the Wayne County Detention Center, awaiting sentencing.

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