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PRINTWilliam Clark, special agent for the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, was effectively cleared of any wrongdoing in the 2008 fatal shooting of Marcus Sukow when the jury in a civil case ruled Thursday that Clark did not use excessive force.
An earlier, criminal case brought against Clark was dismissed in 2010 because of a procedural problem, leaving the high-profile incident unresolved in the public forum until this week’s civil trial. It was brought by Sukow’s parents, Dale and Jan Sukow, on behalf of themselves, his daughter, Presley Sukow, and his estranged wife Courtney Wallis.
Clark declined comment after the verdict, according to a Virgin Islands Daily News story. The Daily News did, however, quote his fellow ATF agent Carlos Baixauli as saying, “Will would like to thank the people of the Virgin Islands for their service. He would like to thank them for justice being served and for their thoughts and prayers that went out to him from all the citizens of the Virgin Islands.”
It also quoted attorney Vincent Colianni Jr., who represented Sukow’s estate, as saying “We don’t like the verdict, but we accept it.”
The all-woman jury delivered its verdict Thursday morning, after 2-1/2 days of testimony and arguments in District Court.
The U.S. Justice Department defended Clark and the ATF, which was also named in the suit.
The incident began as a domestic dispute between Clark’s downstairs neighbors in the Mahogany Run condominium complex, Sukow and his girlfriend, Marguerite Duncan, and spilled outside their apartment when Duncan attempted to leave the scene in her car. Defense witnesses, including Clark, described an out-of-control, highly aggressive Sukow who was threatening Duncan and other people in the vicinity and brandishing a large heavy flashlight like a weapon.
After unsuccessful attempts to defuse the situation, Clark said he fired on Sukow when Sukow raised the flashlight as if to strike him in the head.
The original case against Clark, brought by the V.I. government, strained relationships between federal ATF and local law enforcement agencies, with the ATF temporarily pulling its agents out of the territory and demanding that they be given local peace officer status. Legislation for that purpose has been stalled in the Legislature.
what a bunch of crap. I can smell it from here and its got ATF written all over it. I hope the jury will be able to live with this decision they made, to let a murderer go free, that they can sleep soundly at night. Peace be with you... Unbelievable...
I'm afraid your viewpoint is "a bunch of crap". Justice was served. One less potential murderer occupying the earth, and you choose to attack the person who took the responsibility to terminate this threat to us all in self defense. The lesson in this is that when you threaten and assault your fellow man, girlfriend, or even bystanders, whatever your mental condition, you take the chance that your behavior will create negative results.
I think you both are missing the point in the first place; the underlying idea in this case is the use of excessive force. Which Clark def. utilized with 5 close range shots from a firearm. One shot to below the waist would of been more than enough to stop Sukow from further attacking Clark and his girlfrined. An ATF officer is well trained in DE-mobilization of a threat. I believe both parties are guilty in this situation.
Justice was served and I congratulate the all the women on the jury for making the right decision in this most difficult matter.
Yes, I agree entirely. I knew Marcus and as much as I dislike this verdict, they were both in the wrong. Emotions running high, anger overflowing. Marcus obviously crossed a line, but a properly trained ATF agent did not need to shoot five times to take down an angry man with a flashlight. I do not believe agent clark should be totally relieved of any wrong-doing. Just my opinion, as you all have expressed yours. Thank you for your thoughts.
I love how all of a sudden everyone is an expert on police tactics. Law enforcement aren't trained to "shoot below the waist" or other such nonsense. They are trained to shoot center mass until the threat is stopped. How to do you know what the agent needed or didn't need to do in that situation? Were you there? Maybe 5 shots were needed to stop the threat. Remember this was a big, drunk, and angry man with a heavy-duty flashlight. Contrary to what you may have seen on TV, 1 shot from a typical handgun round doesnt send you flying back 20 feet, especially if you are in a drunken rage. And if you dont think one of those heavy-duty flashlights could cave in your skull, go ahead and hit yourself with one and let me know how it feels.
Well said, bigj!