Hein turned to Clark. “I’m imposing two years,” he said. “It’s my job to protect the public. This case is not about mental health. It’s about guns and alcohol.”
He turned to the family. “All you folks in the back need to bottle up your energy and pour it on him when he comes home, or there will be a possibility something bad will happen again.
“I don’t want that!”
Hein added Clark will be on mandatory community control for three years when released.
Assistant Prosecutor Deborah Quigley told the court the victim (Clark’s brother, Ky) is consistent in that he doesn’t want his brother sent to prison. It seems the problem is drugs and he needs treatment.
“However a firearm was used, which is never appropriate,” Quigley added. “The state believes a prison term is appropriate. It should be at least two years.”
Defense attorney David Rohrer said he wouldn’t downplay what Clark did but emphasized he needs help.
“My client suffers from mental problems. He goes to Mental Health. He has Post Traumatic Stress Syndrome. He really needs help dealing with these issues. Kody has been sober for three months…
“His family is here for him… his brother wants him to get help.”
Clark apologized to his family. “I’m sorry I put my family through this,” he said. “I need help.”
Clark’s sister told the court her brother is a huge part of the family. “If you remove him, you remove part of us. We want him to get the help he needs. We’re here to do that.”
Prior to imposing sentence Hein noted all factors seemed to indicate a risk to repeat in the future. He agreed Clark had issues he had to deal with.
“Those issues will still be here when he gets back.” He added Clark will need them to help him deal with those problems when the time comes.
Clark pleaded guilty to the assault charge on Oct. 29 for getting into an argument with his brother and shooting him in the leg.