Archive
Alleged shooter rejects plea
CUMBERLAND - A 20-year-old Bedford County, Pa., man who allegedly tried to shoot two Maryland State Police troopers during a traffic stop in November 2006 in Barton will go on trial in January after rejecting a plea agreement the state outlined Tuesday in Allegany County Circuit Court.
Willis Truman Clark, who was 19 at the time of the Nov. 6 incident, was given the opportunity to plead guilty to two counts of first-degree assault with the remaining counts in a 15-count indictment against him to be dismissed.
Clark appeared before Judge W. Timothy Finan with his attorneys Michael A. Noonan and Sean P. Gallagher, listening to the plea agreement as outlined in open court by Deputy State's Attorney Fred Voss at the outset of the hearing.
The plea agreement, Voss told the court, was detailed in a Nov. 7 letter from Voss to Gallagher.
Voss said the agreement also specified the state's position for Clark to be sentenced to 12 years' actual incarceration on each count with the sentences to run concurrently, followed by a probation period of five years.
After Voss outlined the plea agreement, Noonan conferred with Clark, who was assisted with a four-legged metal walker. Noonan then had Clark stand to inform the court of his decision whether to accept the plea agreement or request a jury trial.
Clark hesitated in speaking but finally, in a low voice, said, "Take it." Clark made the statement after staggering back from his walker and then drawing closer to the defense table.
Finan then asked Noonan to state the defendant's decision, as Clark then indicated to the court that he wanted a jury trial.
After Gallagher and Noonan filed a motion for an additional competency hearing to be held, Finan set the trial date for Jan. 23.
Originally he had scheduled the trial to begin today.
Gallagher also filed a motion for Finan to recuse himself from the case, stating that the defendant felt he could not get a fair trial with Finan presiding since Finan handled the motions hearings in the case.
Finan asked for specific reasons concerning the motion but none was provided before Finan denied the motion.
The charges against Clark, including attempted murder, assault, handgun and other felonies, stemmed from a Nov. 6, 2006, incident on state Route 36 in which Clark allegedly attempted repeatedly to discharge a loaded handgun at Tfc. J.L. Layton and Tfc. Chris A. Roy.
The shooting occurred after the Allegany County Sheriff's Office investigated a domestic violence complaint and broadcast a lookout for the suspect vehicle. The troopers had responded to the area as a backup for the domestic violence complaint before they encountered the suspect vehicle on Route 36 not far from the scene of the initial complaint.
The shooting occurred when Clark got out of the suspect vehicle from the passenger side and allegedly attempted to fire a loaded handgun at the troopers.
The troopers returned fire, wounding Clark, then began administering first aid to him prior to the arrival of first-responders. The troopers were not injured.
The female driver of the suspect vehicle was interviewed at the scene but was not charged.
Clark was treated initially at Memorial Hospital and then transferred to a Baltimore hospital where he was a patient for several weeks. Clark remained free Tuesday on pretrial release bond of $125,000.
Contact Jeffrey Alderton at jlalderton@times-news.com.
