Jackson Jambalaya

Lowndes County Circuit Judge Jim Kitchens sentenced Brian Clark to serve 16 years in prison for the beating of his wife, Dr. Hope Clark.  Clark pleaded guilty to Aggravated Assault-Domestic Violence in May.  Judge Kitchens suspended six years of the sentence and also required him to serve five years of post-release supervision.  Clark will be eligible for release for prison upon serving five years of his sentenced under HB #585. 

Brian Clark confers with attorney

One key feature of this hearing was the victim's recommendation for a sentence.  She asked Judge Kitchens to impose the maximum sentence in her Victim's Impact Statement that was submitted in February but asked the court Friday to sentence her husband to serve a few years in prison and hold a suspended sentence under his head.  Prosecutor Lindsay Clemons told the court that the victim said her family was pressuring her to recommend the maximum sentence.  Ms. Clemons later asked the court to sentence him to serve 16 years in prison and to disregard the victim's desire for a lighter sentence.  The maximum sentence is twenty years.  The couple is still married although they filed for divorce in 2012.

The hearing began with the defense asking Judge Kitchens to recuse himself. Judge Kitchens set sentencing for November 13 but held a status hearing on September 1.  He asked the victim at that hearing to decide if she wanted him sentenced on September 8 or November 13.  She said she preferred September 8.  Clark's lawyer, Rob Ray, argued that neither side asked for the sentencing to be moved up to September 8 and that Judge Kitchens was doing so in response to publicity about the case.  Ray said that Judge Kitchens should recuse himself and accused him of being affected by anonymous comments on this website.  Yup.  Clark's lawyer blamed this website.  Judge Kitchens denied the motion.  He said that he knew either of the parties and none of them donated money to his campaigns.  Judge Kitchens pointed out that a defendant can appeal a guilty plea but not a sentence.

Ms. Clemons provided the details of that violent night in 2013.  She said that the couple went out to dinner that night and "were drinking."  They came home and went to bed.  An argument started and Brian dragged Hope by her hair out of the bed. He repeatedly bashed Hope's head against the corner of a door frame.  He then dragged her to the bathtub and tried to rinse her off.  She ran to her mom's house wearing nothing but a towel.  Both of her children were in the home (one child is from a previous marriage.) He left the home with their child and drove to Wayne County.  She went to the emergency room around midnight.  Her body was covered with lacerations and bruises.  Doctors used 18 staples to treat the head laceration. 

The police came to the ER and the Clark home.  They found large amounts of blood in several areas.  Brian called her while she was in the ER.  The police answered her phone and told him to surrender himself to law enforcement but he refused to do so.   Brian said she fell and hit her head on the door.  Clark was eventually arrested and posted a $20,000 bond.

The case was continued no less than fifteen times.  Brian Clark's family owns Clark Oil & Gas and his uncle, Don Clark, is the CEO of Butler Snow.  

The prosecution introduced his past criminal history.  He was under a non-adjudication order due to a DUI arrest in Scott County.  There was no evidence that Scott County took any action against Mr. Clark after this arrest.  He had misdemeanor arrests in Newport Beach, California but was on probation.  He was also arrested back in 2009 for obstruction, DUI, and DUI drugs.  Several of these convictions were apparently expunged.  A copy of a 2016 Okaloosa County restraining order that alleged multiple acts of violence against the victim  was presented to the judge as well.  Mr. Ray objected to the introduction of some of Clark's criminal history but Ms. Clemons said the rules of evidence don't apply to sentencing.

Judge Kitchens took a three-hour break for lunch and to read the numerous letters that were submitted to the court.  He said that "I've never had this much interest in a case around sentencing."  Ms. Clemons said Dr. Clark was "too emotionally entangled" to make a sentencing recommendation.  Dr. Clark told her she still loves him but it has to stop.  Dr. Clark was not present in the courtroom although she was present in the courthouse and had a conference with both attorneys.  Judge Kitchens also interviewed her son in his chambers.  Ms. Clemons said the Clarks are not reconciled nor back together.

Judge Kitchens repeatedly said at both September hearings that he defers greatly to the victim's wishes in domestic violence cases. Ms. Clemons said the victim's wishes should carry less weight in certain circumstances due to certain factors.  She said the longer Brian Clark is away from women, the safer they will be.  "No evidence suggests he will do anything different" she said.  Mr. Clemons said Hope Clark asked the Judge to be as lenient as he could be.  This request was in direct conflict with her victim's impact statement and is the main reason the prosecution asked the Judge to discount her recommendation.   

Mr. Ray said that Brian should get credit for pleading guilty and not forcing his wife to testify in a trial.  He said he immediately went to anger management classes.  He has gone through demonization and humiliation in the media.  He said the case was heart-wrenching and that his client was never convicted of a felony.

Brian Clark stood up after Mr. Ray finished his closing argument and addressed Judge Kitchens.  He said that what he did haunted him every day since it happened.  However, Judge Kitchens was unmoved by his statement.  Judge Kitchens said Brian pleaded guilty to a felony that was later expunged in Forrest County.  He has a history of drug and alcohol abuse.  The misdemeanor arrests and restraining order were mentioned by Judge Kitchens as well.  The Judge said "The Court has concerns about Mr. Clark."  He also mentioned that Brian would be eligible for release after serving only half of his sentence.

Judge Kitchens wrapped it all up by sentencing Brian Clark to serve 16 years in prison but suspended six years of the setnence.  He ordered him to avoid all contact with Dr. Clark and Erin Treadwell. *  A post-release supervised period of five years was also imposed on Brian.  


Brian Clark removed his tie, belt, and coat.  Several deputies escorted him from the courtroom to the penal phase of his life.


*Ms. Treadwell obtained the restraining order against him in Florida.

Kingfish note: Don't forget the little stunt that Representative and Ways & Means Chairman Jeff Smith (R-Columbus) pulled.  Dr. Clark filed her victim impact statement on February 23.  Mr. Smith, whose daughter works for Butler Snow, filed an entry of appearance and a motion for continuance on February 24.  He claimed that he couldn't attend any court proceedings until the legislature was out of session.  Hmm... perhaps someone should check the legislative attendance records against his court appearances over the last few years. 


This is the video of the actual sentencing.



These two videos cover the motion for Judge Kitchens to recuse himself and a discussion of what the victim wants the court to do.







Here is the evidence of the crime: