Lynn Swearingen (c) copyright 2010 ALL RIGHTS RESERVED

In 2008 ATF Special Agent William Clark shot and killed a man.

The DOJ says he’s a hero, a Representative wrote him up a fancy resolution of hero-ness-ness and there was a rally last week with ATF biggies showing their support.

The U.S. Virgin Islands judicial system charged him with second-degree murder, voluntary manslaughter and using a dangerous weapon.

The question was posed, and apparently resolved, on the Constitutionality of the Trial

The Prosecution shows that the female (threatened or not) involved in the situation was safely in a running car with Clark:

“Yes, he was drunk. The evidence will show there were many options available to deal with the situation. To shoot Marcus or to even show the gun was uncalled for,” Walker said. “The defendant is in his car with the ability to drive off or back away, but he intentionally uses unreasonable force. I submit to you that when you get this case, you’ll find the defendant guilty of murder. No one is above the law in the Virgin Islands, no matter who you are,” Walker said.

An eyewitness, in fact a Security Guard at the complex, testified on Wednesday that:

Smith said that at no time did he see Sukow raise the flashlight at the defendant or threaten Clark.

The former girlfriend apparently matched wits during a “grilling” session with the Defense Attorney for 5 hours on Thursday after which the Medical Examiner presented his testimony in the form of a video deposition:

Three days after Sukow was killed, Landron performed an autopsy on Sukow’s body, determining that death was caused by multiple gunshot wounds — the first one on the right side of the chest, the second on the chest below the first, the third on the left lower chest, the fourth on the left side of the abdomen and the fifth on the left side of the lower back, which struck the left eighth rib. Three .38 bullets were recovered from the body, Landron said.

But it really doesn’t matter what any of the facts may or may not be in this case. Know why? Because apparently the Coroner didn’t follow the “Sesame Street rule of identification”. Ya’ Know:

Which one of these is not like the others?

 

Height: 3′ Gender: Female Bullet Holes: Nope


Height:  5′ 6″ Gender: Male Bullet Holes: Nope


Height: 6′  Gender: Male Bullet Holes: Yes

 

Without the possibility of a retrial (with Prejudice meaning his ruling cannot be appealed):

Defense attorney Mark Schamel said the case was dismissed on a technicality: that proper procedure was not followed in identifying Sukow’s body to the medical examiner.

and

U.S. Virgin Islands Attorney General Vincent Frazer said in a statement that the judge dismissed the case because prosecutors did not prove Sukow’s body was the same one presented to the medical examiner.

Don’t blink, because if you think that is ridiculous:

Frazer said the judge excluded the pertinent documents from evidence, a move that allowed for a dismissal that he called unprecedented and disappointing.

That’s right folks, I guess there is a reason that Lady Liberty wears that blindfold over her eyes.

If you can’t see the docs, can’t manage to prove that a corpse with 5 gaping bullet holes is not in fact Elmo the red puppet from Sesame Street, and ignore the other law enforcement officer on site testimony – well you can’t convict now can you?