Monday, September 4, 2017

Wife-beater will be sentenced Friday (Video)


Brian Clark will be sentenced Friday for brutally beating his wife in 2013 in Lowndes County.  Clark pleaded guilty in May to Aggravated Assault-Domestic Violence.  Clark was scheduled to be sentenced on August 10 but Lowndes County Circuit Judge Kitchens postponed the sentencing until November November 13.  The motion filed by prosecutors stated that Clark was undergoing therapy at the Center for Violence Prevention in Pearl and had 14 remaining sessions.  However, Judge Kitchens held a status hearing Friday to determine when Clark should be sentenced.  The case was continued fifteen times. Clark's family owns Clark Oil & Gas.  His uncle is the CEO of Butler Snow. 

The most recent continuance received a great deal of public criticism.  Judge Kitchens repeatedly emphasized that the court did not look at any evidence but what was presented in the courtroom.  He pointed out that the continuance order was an agreement between the prosecution and defense.  However, he said (3:49) that the court "became aware that the victim objected to this case being continued.  What the court was told was that Mrs. Clark wanted him to complete this class."  Judge Kitchens also said (5:50) "In August when I pulled the file there was a victim impact statement in there that wasn't there in May (when Clark entered his guilty plea.).  The prosecutor said that the victim submitted the statement in February but didn't want it submitted to the court until "just before sentencing" so that they wouldn't become public record.  She said it was included in the file in June "by accident."  She told Judge Kitchens that the victim wanted Clark to complete the program. However, she said the "victim's feelings had changed" and that she was present to speak to the court.

"I've been on the bench for 15 years and I'm proud to do this job.  Some days it's easy, some days it's not" said Judge Kitchens.  He recounted the details of several domestic violence cases where the victim had suffered horrible abuse and then begged the court not to prosecute the abuser (10:00.  His "lecture" is well worth hearing and gives one an idea of what judges face in domestic violence cases).  He said (20:00) "I'm not afraid to do my job.  If either side wants me to recuse myself, I'll be glad to do so... What I've tried to do in these cases is listen to what the victim's want.  Sometimes I've gone against what the victim wants."  He continued  "If Mrs. Clark wants to move it up to next Friday, I'll be glad to do so."

Hope Clark took the stand and was questioned  by Judge Kitchens (25:20).  Ms. Clemons said "What the victim wants is not always what the state wants."  Mrs. Clark said she and Brian were still married and were going through a divorce.  Ms. Clemons said that she and Mrs. Clark were "under the impression that it (domestic violence therapy) was an in-patient program. That turned out not to be the case but I wanted to clarify that that was the understanding both of us had."    Judge Kitchens gave her the choice of sentencing her husband on September 8 or November 13.  Mrs. Clark left the court room to discuss her options with Ms. Clemons.  She later notified the court that she wanted sentencing to occur on September 8.  The sentencing will take place on that day at 9:00 AM.

 A grand jury indicted Clark in January 2014 (see p.19 in documents posted below.).    Clark claimed he was indigent. The court appointed a public defender to represent him although he is now represented by attorney Robert Ray.  The Columbus Packet reported on July 31: "The 37-year-old Clark, who listed on court documents that he makes $100,000 a month from his family’s oil and convenience store business, faces from two to 20 years in prison."

Mrs. Clark said in her victim's impact statement:

 "Brian's battering of women will not stop without consequences.  Rehabs, drug courts, therapy have been ineffective.  Since assaulting me in 2013, Brian has attended anger management classes.  He has since assaulted another intimate partner as recently as 2015.  An order of protection has been filed against him in Florida.  There have been victims prior to me and I don't know what will modify his behavior and bring about change.  I am under much duress from his family to dismiss his behavior. ....

I definitely believe that he needs to be removed from his current environment (home & parents' protection" and held accountable for his actions.  Otherwise, Brian's behavior will worsen....

Abuse has affected Brian's life and my life.  Left unchecked, it will create many more victims, including our son.  I am asking Judge Kitchens to sentence Brian to as much time as he sees fit to correct Brian's behavior, the maximum sentencing this crime allows.

Clark faces up to twenty years in prison.  District Attorney Scott Colom told WCBI that Clark rejected a plea offer from his office.

A couple of notes about the video.  The resolution sucks. No two ways about it.  I shot it in HD but was shooting from the back of the courtroom.  The area where the judge and lawyers sit is well-lit but the lighting for the audience is dimmed.  Sometimes the microphones were used, sometimes they weren't.  Judge Kitchen's comments are fairly easy to hear.  Some of the other people speaking in court are not so easy to hear, particularly the victim.  It is almost impossible to hear her responses to the Judge's questions as she did not speak into the microphone and spoke in a soft voice.  No worries.  A much better spot will be used for the next hearing.  Sometimes it is a case of learning through trial and error. 

Media present: Columbus Packet,  WCBI

Earlier posts
Sentencing postponed because wife-beater is going to therapy.  
Sentenced postponed for wife-beating thug.
Ex-GF got restraining order on Clark.
Will wife-beater get a get out of jail free card?

Here are photos of what took place on that violent night in 2013:


Anonymous said...

Thank you Representative Jeff Smith for "defending" this monster and making sure he got to stay out even longer. Using your position in the House of Representatives to keep a monster out longer is what the people elected you to do! Great job. I hope every person in your district remembers this when you run for re-election. The only thing worse than a wife beater is someone who protects a wife beater!!!

Anonymous said...

NOBODY is reporting like this in Mississippi.

There is a reason why JJ is #1.

Anonymous said...

Tick-tock slimeball wifebeater.

You deserve to serve at least ten years.

You should have been serving your time in prison for this crime years ago.

Hope you don't take advantage of your long holiday weekend to beat the coming sentence by eating a bullet.

Anonymous said...

There a lot of Brian Clarks out there. Most of these Brian Clarks aren't admitted wife beaters facing years of lockup time for their crime. Why doesn't this JJ post have the criminal's full name?

According to a story in the local newspaper (the headline was Arrest report: 9-11-13) this admitted wife beater's full name is Brian Frank Clark. The local newspaper has the same mugshot in this post with the following details:

Brian Frank Clark, 33, of Waynesboro, was arrested by CPD Sept. 6 and charged with domestic violence/aggravated assault. He was released Sept. 9 on a $20,000 bond. His court date has been scheduled for Nov. 7.

Kingfish said...

Is that the best you can do?

Anonymous said...

It doesn't matter because under the 25 percent he may do 3 years of sentenced to 10. In sure the sheriff will make him a trusty so he is not going to learn crap.

Kingfish said...

That crime probably falls under the 50% classification.

Anonymous said...

He will still be riding the gravy train after he gets out.

Anonymous said...

I do hope that some folks who were jumping on the judge for the sentencing delay will consider not jumping the gun next time before you have the facts. There were people who were blaming the judge for the delay, when it was both the victim/prosecution and defense were asking for.

Anonymous said...

Doesn't matter who asks, the judge doesn't have to agree to a delay.

Anonymous said...

As I stated two other times, this sorry Bastard will not serve one day---he will be under house arrest for 3+/- years. Money talks very loud---can't you hear it !!!!!!

Anonymous said...

That bitch probably deserved it.

Why don't we see what she did to unmask him?

Bet she called the police for no reason a lot.

She is probably hiding emails.

Anonymous said...

For sure it isn't the fault of the judge that the sentencing has been delayed for years.

This is how things usually work when the offender is indigent.

Anonymous said...

@ 1:01 - Hope you are right but I wouldn't count on it. Jude says "If either party wants me to recuse myself, I will". Really? So it's normal for both the defense and prosecution to just ask a judge to recuse themselves? Then the excuses about he thought the victim wanted to wait, sometimes the victims aren't happy, etc. This will go down just like others thought. Too easy on the perp. How about protesters at Clark Oil and in front of BS with Wife's Lives Matter signs?

Anonymous said...

2:16 - Tough guy, moron, scorned wife. Not sure which one you are but no doubt you are the type to beat a woman. Real tough guy. Bet you would never open that big mouth to a real man.

Anonymous said...

Hey 2:16 - Your post is totally uncalled for. This LADY deserved better. Her family has suffered due to the length of time since the attack happened.

Anonymous said...

She may indeed be a bitch... and she may have deserved something... but you're so wrong if you think she deserved that!

Anonymous said...

This is 2:16

My post was a veiled reference to how people treated hrc.

Notice how easy it was for me to attack a woman with zero facts?

All you macho people mad at 2:16 post are the same ones who villifoed hrc with no facts.

I just mimicked your words....and you got hot!

This is also how / why it's important to know what Russian bots it is very effective.

Carry on....

Hope this lady is better and the truth comes out and justice is served.

Anonymous said...

Wait until the judge gives his the sentence. Anyone want to bet what it will be? House arrest? Probation? Too much money changing hands for him to go to jail.

Anonymous said...

this is a re-hash of what happened in the karen irby case. the judge will come down with a harsh sentence, but that sentence will be commuted by the governor as he walking out the door on his last day in office. the million dollar donation to the mississippi republican party, which the defendants family will make , will buy the pardon/ and/ or the commutation of sentence. theres nothing the judge and the d a can do about it. come on people, this is the same old republican party political racket we have seen a million time before. you didnt know that how it works??? well.... now you know.

Anonymous said...

3:55 - I'm in. I'll take 10 years; you are thinking house arrest or probation. Realize we can't 'bet' here on-line, but if you want to put something up, I imagine we can meet up somewhere to back up our prediction.

Bury The Mother Farker.. said...

Deja Vu. Why do we revisit this same shit every two weeks?

Anonymous said...

September 4, 2017 at 3:48 PM = Deranged

Anonymous said...

Appreciate the time & expense gone to just to report that story. Audio is really tough, especially when the creaky door is opened.

Will there be a full transcript on line?

Also, not sure what the sentencing range is, or the DA's recommendation under the plea agreement. If this monster SERVES less than 6, something's -- cough Butler Snow cough -- afoot.

Anonymous said...

Phil Bryant wounded have pardon his own mother!

Kingfish said...

Camera was three feet in front of door. Creaking drove everyone crazy. Front row would still have been tough if someone not speaking into the mike. Kitchens and Clemons spoke into the microphones and were clearly audible. Mrs. Clark did not and was speaking to someone less than five feet away.

Anonymous said...

2:16 and 3:48 (if that's even you) - you couldn't be any more wrong.

People attacked Clinton because she, by her actions alone, provided evidence that proved she was a serial liar and thief, and was complicit in a pattern of illegal and immoral and unethical behavior over her entire public life.

I can only imagine what kinds of profit-mongering schemes Sid Blumenthal would be cooking up for the Clinton Foundation with relation to Hurricane Harvey and the NORK situation. Ask the Hatians how much good the Clintons did for them...

When you attack the first lady over footwear instead of focusing on a national tragedy, you're definitely losing the argument.

Kingfish said...

Ok, you traded licks. Hijack is over.

Anonymous said...

What was the time frame of Jeff Smith representing the accused? I don't see his name on the paper work submitted above.

Anonymous said...

I will be surprised if he serves a day in jail.

Praise the Lord and pass Clark gas said...

>>>What was the time frame of Jeff Smith representing the accused?<<<

During the time the self admitted wife beater continued to get continued and not be incarcerated for the criminal act he plead guilty to committing?

Anonymous said...

Jeff Smith? I thought hotshot former prosecutor Rod Ray was defending this loser???

Anonymous said...

Errybody gits paid!

Anonymous said...

If the sentence came down on Friday and its now Tuesday, what was the sentence? Oh, you meant ANOTHER Friday. I see what you did.

Anonymous said...

I'm very shocked by the judge's statement that he " listens to the victim" in cases of domestic violence.
He clearly hasn't bothered to educate himself about domestic violence.
He doesn't understand that the victim was isolated and controlled long before the violence escalated to this level and shouldn't have been surprised to learn that she had received pressure from her spouse's family.
He doesn't understand that much of the control centers around making sure the victim has no means of financial independence.
In this case, I would suspect the victim was also made to fear that she would lose custody of her children if she tried to fight a family with such powerful clout in the legal community.
And, in this case, we have a serial abuser with such an extreme history that in the future, he may not leave any witnesses alive to testify against him.
Judge Kitchens, the law changed so that law enforcement can charge domestic violence without the victim filing a formal complaint for the above reasons. Try to live in this century ! At least bother to talk with experts on domestic violence !

Anonymous said...

For those who suggest Jim Kitchens will give this guy a pass, you might want to review his sentences in other cases. He is a former prosecutor and hammers criminals with long jail terms. This POS will spend significant time in the pen, not the county jail.

Anonymous said...

Still nothing reported by the Commercial Dispatch which is owned by the Imes family in Columbus. This woman was previously married to an Imes and I'm sure took a nice cash bag with her when she divorced that family. They won't report it because they want to keep their name out of the public eye.

She set her eyes on another money target and unfortunately for that family she's up to her old tricks. Of course, keeping the father from seeing their child would set anyone off. Not many of you commenting know the whole story and I won't air it here, but as the old saying goes, there's always two sides to every story. She certainly won't get rich off the divorce.

Anonymous said...

4,01 nailed it. this goons last day in jail will be phil bryants last day in office. the guv is not concerned with anything except funding his party and this sort of pardon buying is a big source of revenue. all those pardons handed out by barbour were bought and paid for. you don't pay the governor.... you pay the party and of course word gets back to the governor. after barbour pardoned and commuted the sentence of all those people , the talk was that he had trashed his legacy and reputation. BULL CRAP.... take a look at him now. he's doing pretty good!!!!!! and don't forget he a member of butler snow. apparently this goon has a uncle who is a full partner at butler snow. don't be so naive people, this is how the game is played. no matter what anybody "thinks" bryant is gonna had out a slough of pardons and commutations. when his term expires he won't be any good to anybody so the mississippi republican party will see to it that they get a lot of donation s over his lat 60 days in office. the guv does what the party bosses tell him to do . its that simple.

Kingfish said...

So how do you justify splitting her head wide-open?

If he does that to his wife, should he even be allowed to see the child?

Anonymous said...

It is absolutely on the judge and DA for allowing this case to be continued as it has BUT more so on the judge. HE, is totally in charge and the last word for ANYTHING that happens and when it happens in his court. PERIOD.

Anonymous said...

6;11...........another drama queen, the official female of mississippi

Anonymous said...

2:16 / 3:48 whoever your are, you're a fucking idiot! I'm a survivor of a 25 year marriage to an abuser. I've had broken ribs, choke marks around my neck from being held against a wall, busted lips & not only had hot cofee thrown in my face countless times but was spit on more than you change underwear! I dare you, no I'd welcome you to come stand in front of me & call me a bitch & say I deserved it.

Anonymous said...

7:46, many people on here do not know either the judge or the thug. From where we set it looks like the judge is more like the thug than an officer of the law.
How many times has this been delayed? This does not have the markings of a judge who gives long terms to criminals. It does have the look of a judge that, for some reason, does not want this thug in jail.

Anonymous said...

Hope Clark took the stand and was questioned by Judge Kitchens (25:20). Ms. Clemons said "What the victim wants is not always what the state wants." Mrs. Clark said she and Brian were still married and were going through a divorce. Ms. Clemons said that she and Mrs. Clark were "under the impression that it (domestic violence therapy) was an in-patient program. That turned out not to be the case but I wanted to clarify that that was the understanding both of us had."


How does confusion like this happen?

Hypothetical: How likely would this* have been if the defendant was a middle aged man who truly was indigent and did not come from a family of means.

*this= meaning EITHER all the continuances OR the prosecutor and victim thinking the wife beater was not being sentenced and locked up because he was secured in an inpatient treatment program, when in fact he was not.

Anonymous said...

Minor error.

He isn't a defendant at this point. He's an admitted wife beater.

Hypothetical: How likely would this* have been if the WIFE BEATER was a middle aged man who truly was indigent and did not come from a family of means.


Anonymous said...

@8:01 so you believe there are certain actions that a woman can do to justify the beating this woman took? What actions could your daughter, niece, sister, mother do that in your mind would make it ok for a man to beat the sh*t out of her?

Anonymous said...

I have photos of my own head that look just like that, the before and the after. I have photos of the bruises that look just like that....I have the records evidencing 6 months of physical therapy sessions for the torn MCL, the counseling records, and the stack of medical bills totaling $30,000 that the State of Mississippi eventually paid on my behalf via the Crime Victim's Compensation fund. I also have the receipts for the lawyer I had to hire to defend myself- after the County pressed charges against him, despite my own protests, and he retaliated by filing charges against me- and to try and prevent him from being able to do the same thing to my child. Despite ALL of that... he walked, scot free- was able to get a Domestic Protection Order overturned, was able to get his record expunged, was able to eventually become a member of law enforcement and keep his arsenal of guns- and was able to beat his own son several years later, which was quickly debunked as "discipline". Yet again, no help from the law, the AG, no one... that's Rankin County, Mississippi. That's what an expensive, soulless, greedy lawyer in bed with the local courts will help get you. That's what's wrong with our legal system, in every county in this state- I should know; beyond being a victim, before and after- I work in it every day, myself. It is crooked, twisted, unfair and unjust- and it will not ever change.

And no, I did not deserve it. Neither did my child.

Anonymous said...

to, you complain a lot. but you got to admit, you were the one who picked him to be you hubby.

Anonymous said...

1:14, you should have poured hot grits on his you know what.
that would have slowed his roll.

Anonymous said...

1:14 s trying to tell everyone that our justice system is CORRUPT. 40 years ago this man would have been taken out and beaten senseless. Now our judges can be bought off. Kingfish has been trying to uncover the corruption. We live in a dirty state. This case and the NCAA hearing will divulge just how dirty it can get. Our legal system is twisted and nasty.

I bet before it's over, there will be some people paying a heavy price.

To 1:14, it is horrible you had to go through that, but please remember that every dog has his day and the man who beat you will have his.

Anonymous said...

5:07, absolutely no one chooses to be beaten on. The man should walk away at that point but apparently her husband didn't choose to do so. How would you like that to happen to you or one of your family members...your opinion would change from quickly from sarcasm to down right rage. In this state, justice can be bought if you know the right people and have a sack of money.

Anonymous said...

Hope turned in the Victim impact statement on 2/23/2017 and DID NOT TELL THEM TO HOLD IT!!! DA Scott Colom/Armstrong Walters held it. Jeff Smith entered his appearance the very next day and asked for a continuance bc he had to go to legislative session, even tho the victim clearly states NOTHING WILL HELP except jail now before he hurts someone else. TOTALLY IGNORED BY the crime duo DA. the next continuance was after he pled on 5/2017,the DA which should have told Hope bc she asked to be present for any hearings-but nope the crime duo did not.
What is a victim supposed to do when the people who are charged with protecting you turn out to be working with the other side?

Oh yes let's talk about Rod f'ng Ray who has most definitely been Brian's oriiginal lead counsel and leading the payouts for everyone...or should we just call him his nickname ...ROD "BLOOD MONEY" Ray

Anonymous said...

Kingfish keeps resurrecting this situation every week and claiming it will be dealt with 'this Friday'. Yes it's never dealt with.

Anonymous said...

4:33, AGAIN, he is showing you the power of money and how it sways the courts! Doesn't anyone understand what's going on? Eventually someone will be in big trouble. All attorneys and judges watch each other's back. It's a damn brotherhood. I once had an attorney tell me that a lawyer is a thief in a suit who knows the law, can skirt the law and still not get caught.

Anonymous said...

But, why continue to claim sentencing will be Friday and Friday never arrives?

Anonymous said...

peiple should also keep in mind that when an accused person pleads guilty prior to trial that is taken into account at sentencing. The state did not have to go through the expense of a trial and the victim did not have to go through the trauma or reliving the event at trial and get her name/reputation, etc. dragged through the mud during a trial. Moreover, these people have a child together and that's a fact forever. I'm sure there are politics involved but that is the way things truly work in the justice system. This guy doesn't get a chance to give "his side of the story" at a trial because there won't be one. To be clear, I don't think any story he tells would justify his actions but he did plead guilty and that is a factor.

Anonymous said...


Anonymous said...

2:16 p.m. You are a sick puppy! The wife of that monster is too. The only remedy for sickos who beat their wives is for her to wait for him to exit the jail and be waiting and armed with a Louisville slugger.

Anonymous said...

How didn't the sentencing go???????

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