Thursday, August 16, 2018

Clark Withdraws Appeal

The Mississippi Court of Appeals rejected Brian Clark's appeal of his 10-year sentence for aggravated assault domestic violence.  Clark pleaded guilty to the charge and was sentenced last September.  He was arrested in 2013 for beating his wife to a bloody pulp.

Clark filed a motion to dismiss his appeal on August 9.  He is represented by attorneys John and Sherwood Collette.   Clark said that his previous attorney, Rodney Ray, filed the appeal.  The motion states that the appeal is "moot" since Mississippi law does not allow someone to appeal a guilty plea.  The Mississippi Court of Appeals dismissed the appeal on August 14.

Clark was arrested in 2013 for beating his wife.   A grand jury indicted Clark in January 2014 (Indictment posted below.).    Clark claimed he was indigent. The court appointed a public defender to represent him although he was later represented by attorney Robert Ray.  The Columbus Packet reported on July 31, 2017: "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."  His family owns Clark Oil & Gas.  It is probably the dominant family in Wayne County.  This earlier post provides more information about what took place that night.

The case was continued 15 times. Mr. Clark was supposed to be sentenced on August 10 but Judge Kitchens continued the case until November 13.  The Court said that sentencing was postponed so Clark could complete his remaining 14 therapy sessions at the Center for Violence Prevention in Pearl.  However, the Judge moved up his sentencing to September 12. 

Clark pleaded guilty in May 2017.  Circuit Judge Jim Kitchens sentenced him to serve 16 years in prison but suspended 6 years of the sentence on September 8, 2017.

However, The efforts to free Clark did not stop when he went to prison. Clark filed a notice of appeal on September 21, 2018.  He is represented by attorney John Collette.   His family attempted to get him transferred to the Wayne County Detention Center - a non-MDOC facility - but he was removed from Wayne County and placed back into the Kemper Correction Facility after the transfer was reported.  Check out the home-cooking.

Earlier posts
Wife-beater tries to get out of prison.  
Clark removed from hometown jail. Check out the home-cooking.  
Beat a mama, go home to mama 
Wife-beater sentenced to 10 years in prison.
Wife-beater will be sentenced Friday.  
Judge sets Clark hearing for September 1.  
Court delays sentencing because wife-beater is going to therapy.  
Sentenced postponed for wife-beating thug.
Ex-GF got restraining order on Clark.
Will wife-beater get out of jail?


Anonymous said...

KF, once again I am disappointed by your efforts to railroad Mr. Clark. Is he wrong to take a marital dispute too far and injure his wife? Absolutely. But should he get 10 years in state prison just because KF and his merry band of bloggers don't like his family? Absolutely not. So tell us KF, what is your personal beef with the Clark's??? You must be jealous of their success and status.

Anonymous said...

@1:22 PM -- Did you see the pictures of the "marital dispute"? Have you read anything about Clark's illustrious history of abusing women? KF doesn't have a "personal beef" with the Clark family, he just reported the facts about a serial abuser. I hope you never have a daughter, sister, niece, etc who experiences even 1% of what Clark did.

Anonymous said...

$100,000 a month! Dam

Anonymous said...

1:22, not to speak for KF, but I'll bet he like many of us is tired of seeing perfectly strong and healthy men beat the crap out of women and get away with it or get off with a light sentence, especially when they come from prominent families that could perhaps have affected that sentence. I have lived almost 6 decades and never hit a woman. You don't have to have a personal beef with the Clarks to think like this.

On the other hand, 1:22, your thinking reminds me when Judge Jeff Weill sentenced Dedmon, the white Rankinite who ran over and killed that black man Mr. Anderson in Hinds County, to two life sentences under the Hate Crime Act. Some posted thoughts similar to yours criticizing Weill and saying it was wrong to impose two life sentences.

In both cases, sometimes justice is tough. But a tough stand is needed to deter others from similar crimes, not to mention to punish the perps of the subject crimes.

Anonymous said...

I actually think that every man who beats the everloving shit out of their wife should get 10 years in jail. And yes, the system is different for those with money, so I applaud KF's efforts to spotlight the good ol' boy system. F this guy.

Justice for Clark said...

@1:22 I recommend you go look at the pics of what Clark did to his wife. I really hope his parents are proud of the monster they’ve raised.

Anonymous said...

1:22 - Just because wealthy, white, who beat women don't typically get 10 years doesn't mean they shouldn't. You don't speak for the majority of Mississippian's when you accuse KF of trying to "railroad" the Clark family.

I don't know the family but I dislike the fact that they have tried to use money and influence to keep Jr. on the streets. As a result I take pride in the fact that I don't buy gas at Clark stations.

Anonymous said...

1:22, just what do you think an appropriate sentence for Clark would have been, since you seem to think that 16 years (with six suspended) was too harsh?

Do you think the attempt to transfer him to his home county detention center - where the local popo sheriff was installing a 60" flat screen in his suite along with other amenities including home-cooked meals - was equivalent treatment to others sentenced by the Circuit Court to a net ten years? Or, could that white glove attempted treatment be deemed appropriate 'just because' it would be easier on the family to visit? Or maybe, so that they could continue to deliver the $100,000/month paycheck to this "indigent" perp that expected the state to pay for his defense? (Until, of course, they were able to scrap up the extra $20k to hire the "honorable" Jeff Smith to enable another delay in his trial using the "legislative excuse".)

So - what would you suggest that this guy should have been sentenced to for ripping open a woman's head - spouse or otherwise?

Anonymous said...

The appeal was dismissed because you cannot appeal the conviction and sentence based on a guilty plea. His prior attorney filed the notice of appeal. His new counsel filed a motion to voluntarily withdraw the appeal last week. For whatever reason, the Court claimed to have dismissed the appeal on its own motion. So for the record, his appeal was not technically denied.

Anonymous said...

1:22 has to be baiting everyone.

Anonymous said...

$ 100,000.00 a month. WOW! 1.2 million a year! WoW. WoW. WoW.

If I was Mr. Clark, make that kind of money, I would be kissing my wife's A*s every day.
Now, he's going to be making booty money. Heh. Heh.
Well, back to work making $ 9.00 an hour at my sucky job..

Anonymous said...

If he were Islamic, this would be an accepted practice.

I bet 1:22 works for the Clarion Ledger.

Anonymous said...

3:09. don’t forget about his dogs that could stay in his little hilton...

people aren’t upset at his family wealth. the people here are upset that a man would beat a woman like that and use family connections to escape justice

Anonymous said...

The bad news is this Clark guy will get out of prison one day.

Hopefully, he will have learned his lesson, but my money's on another victim shall one day be in his sights.

It's hard to fix people with lots of money and lots of problems.

Anonymous said...

If his appeal was denied, how could he then withdraw it?

Anonymous said...

Or family. Or, an associate at the tower up at Renaissance, wanting to try to climb the letterhead.

Anonymous said...

wake up all you people and mark you calendars for phil bryants last day in office which is rapidly approaching. the clark guy will have his sentace commuted by bryant cause his family is gonna write a seven figure check as a "donation" to the mississippi republican party. the same thing was done for karen irby. dont you knuckleheads remember that?? short memories we have here on jackson jambalaya. in case you dont know, thats the way the game is played here in the little backwater soybean republic[can] of mississippi.

Kingfish said...

So if the subject of the post is rich, I'm jealous. If the subject is black, I'm racist. If it's a woman, I'm sexist or misogynist. If poor, I hate poor people. Got it.

Actually, it is rare that a victim of domestic abuse is willing to come forward, much less release the pictures to show what actually happened. Most are scared or ashamed and want to keep it quiet to some degree. This is one of the few times the victim stood up and said as well as showed what happened.

Anonymous said...

I guess that uncle Don Clark, the CEO of Butler Snow Law firm in Ridgeland thought he could get him out. He even hired HOUSE WAYS AND MEANS CHAIRMAN JEFF SMITH to help Rod Ray in Clark's defense! Smith, who boasts on his Facebook page that he has to get to church each Sunday to open up the place and make coffee for members and to meet and greet. The First Baptist Church women need to team up together and find another candidate to run against Smith, who's daughter also works for Butler Snow in the office in Birmingham. And no Jeff - we don't need Corky.

I'm sure that Jeff's wife is really proud of him! They need to retire Jeff Smith to his country office in Caledonia - but he better look out, because his candidate for mayor won by only one vote. So when he walks down the sidewalks in Caledonia, he needs to be thinking that every other person voted against your ass! BOYCOTT THE CLARK'S "C" STORE. There are at least two in Biloxi - one across the street from the Beau Rivage and another down Hwy 90 on the beach!
By the way Jeff - how much money did they pay you to use your legislative seat to delay the trial for the 15th time - $30,000 and up?

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Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

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