Last week I wrote about a legal battle being fought by Terry Clarke, a Southern Maryland business owner who was arrested last April for firing a rifle in the direction of three men who were hunting by a pond near his house.
Instead of simply charging Mr. Clarke with assault, the state put the thumbscrews to this man by exploiting a drug conviction Clarke received back in 1987 and, because conviced felons cannot legally own firearms, subsequently ran up a litany of weapons charges as well. Facing 41 counts of assault and weapons charges, Clarke was offered a plea deal last week by state prosecutors that could, absurdly, still land him in prison for up to 75 years. I learned yesterday that Clarke decided to accept the deal and plead guilty, hoping the judge will show mercy given that he harmed no one during this incident.
Before I continue, I want to point out that up to this point I've assumed that the three hunters were trespassing on Clarke's property. The report last April mentioned that the incident occurred at a "pond outside his house," but the state alleges the land does not belong to Mr. Clarke. This is irrelevant in any case because it is illegal to initiate violence against someone else even if they're on your property, and it's legal to defend yourself against threats or acts of violence even if you're not on your own property.
In the interest of full disclosure, I'm an acquaintance of Terry Clarke's. I don't know him well but as he's the owner of arguably the most popular bar in Southern Maryland, I've spoken with him on several occasions and consider him to be a very cordial and humble person. Therefore, when I first heard of this incident I had a hard time believing this guy would just starting ringing off rounds at people for no apparent reason. Well, a conversation I had yesterday with Clarke's close friend and employee put everything in much better perspective.
According to Clarke, the hunters actually hit his house with buckshot. I have no reason to believe this was done intentionally, but Clarke apparently went outside to tell the men to leave so it wouldn't happen again. When they didn't leave, he shot at some ducks about 40 yards away from the hunters and said something to the effect of, "There, now you have nothing to shoot." It was at this point that the men left and called police, telling them they were shot at.
If this explanation of events is accurate, it is ridiculous that Mr. Clarke was charged with first-degree assault in the first place, as it would be clear that he didn't shoot "at" anyone. Of course, given that we know how much effort the police here in our neck of the woods put into investigating alleged crimes, it comes as no surprise to me that they would simply take the hunters' word alone and immediately charge Clarke, leaving him to deal with the legalities of the matter.
But police couldn't just stop there once they realized Clarke was imprisoned over two decades ago on a cocaine charge. Instead, they tacked 34 weapons charges onto initial charges of assault after confiscating other guns from Clarke's house. Even though none of the weapons was used in this alleged assault. Even though Clarke was originally convicted of a nonviolent offense.
It's tyrannical enough that the state prevents nonviolent felons from protecting themselves for the rest of their lives using the most efficient means known to man; it's outright unconscionable that the state of Maryland is seeking to put Mr. Clarke behind bars for the rest of his life on charges that have nothing to with the case at hand, and despite the fact that Clarke harmed no one (!). The putrid "war on drugs" is about to claim the life of another man by essentially forcing Clarke to pay once again for a crime whose sentence has already been served.
To give you an idea of how despicable these charges against Clarke really are, consider the fact that even if he had accidentally killed one of the hunters absent a prior drug conviction, he'd probably only be looking at five to ten years with the very real probability of serving only a couple.
Plea deals might be great if the police are dealing with guilty suspects because they ensure that actual criminals will pay in at least some capacity for their crimes. But as I mentioned in last week's post, the state's game centers around trumping up charges as much as possible with the intent to get defendants to plead out -- regardless of innocence or guilt. Despite what anyone tells you, cops and prosecutors don't give a hoot whether you're innocent or guilty. Contrary to every sense of justice, their merit is judged by the convictions they obtain.
There is no "right" choice in a plea arrangement if you're innocent. If you decide to take your chances with a jury, you might be acquitted, but there's a very real possibility the state will prevail. After all, they will lie and cheat in the attempt to get their almighty conviction. On the other hand, if you decide to take the plea, as Terry Clarke has, you are compelled to admit guilt, in which case attempting to convince a judge of your innocence is futile.
Under such circumstances Mr. Clarke's guilty plea hardly "proves" his guilt; it merely proves that the state has succeeded in getting a man to surrender in a no-win situation. Even if Clarke were guilty of assaulting the hunters, it is not immoral to merely possess weapons that have not been used to cause tangible harm to someone else -- no matter what the state and its laws claim. In a just society, crimes are only committed when one intentionally initiates violence against someone else's person or property.
Coincidentally, I'd also like to point out that Clarke has appealed to both the St. Mary's and Calvert County sheriffs, whom he has supported while in office and also during their respective campaigns. Both have refused to vouch for Clarke's character in court by saying that such a measure would be "too political." So there you have it, folks. If the head of a police force doesn't care to speak out in support of justice for someone who's actually backed him financially and in the voting booth, do you really think he cares about anyone else?
In closing, I'll leave you with a story about Terry Clarke and his business partner, Pat Donovan, as relayed by a friend this morning.
Last summer, Terry and Pat were approached by a local Calvert County deputy, who was also a member of the Fraternal Order of Police. A fellow officer was paralyzed during an accident involving his police cruiser and would never walk again.
The FOP wanted to have a fundraiser for the officer and his family, and the organization hoped to raise money to help purchase a handicapped-accessible van. Terry and Pat not only sponsored the benefit at their bar with all the officers, but they also purchased the van for the injured officer.
During the benefit, both Terry and Pat asked not to be mentioned as the ones who bought the van. They just wanted the benefit to be about the injured officer. This gesture meant the world to the injured officer and his family, but to Terry and Pat, it was just another way to help someone in need.
Even if you don't know Terry Clarke, maybe you know someone who's been through a similar ordeal. Or you realize that the state disguises persecution under a cloak of "justice" every day, and you could be next.
Whatever the case, Mr. Clarke is now the one in need of some help. You can call the St. Mary's County state's attorney's office at 301-475-4590 if you'd like to tell them he deserves leniency from the judge.