Asst. Prosecutor Deborah Quigley told Hein the state will dismiss the gun specification requiring a mandatory three year prison term. In return Clark agreed to plead guilty to Felonious Assault and forfeit his Winchester 30-30 caliber rifle to the Darke County Sheriff’s Office.
A Felony 2 Felonious Assault carries a maximum eight years in prison with a $15,000 fine. A mandatory term is not considered necessary by law, although some prison time is presumed necessary.
Clark shot his brother, Ky Clark of Mooresville, Ind., in the leg during a “heated” argument in May. The brother was Careflighted to Miami Hospital where he was treated and released the next day.
“Were there any surprises (in what has been discussed)?” Hein asked Clark. “No.” Following some additional one-word answers, Hein asked Clark if he had been up all night… Clark responded he didn’t get any sleep.
Hein asked Clark if he understood a prison sentence would require mandatory post release control for up to three years.
Clark then started responding with “Yes, your Honor.”
Hein asked additional questions, then “I know you are tired but I wanted to make sure you are awake and understanding this. Did you understand the form (plea agreement) before you signed it?”
“Yes, your Honor.”
“We conclude you understand the charge, the facts of the charge and the penalties of the charge,” Hein said, after which he asked Clark’s attorney David Rohrer, and Quigley if they had any additional comments. Both said no.
Hein then pronounced Clark guilty of Felonious Assault.
Afterward Quigley said the state would wait until the pre-sentence investigation is complete before making sentencing recommendations.