LAKEPORT, Calif. – A Clearlake Oaks man has been found guilty of involuntary manslaughter and the use of a firearm in the December 2014 shooting that resulted in the death of his wife, with sentencing in the case set for next month.
A jury handed down the decision late Wednesday afternoon in the trial of Marc Anthony Clark, 60, following about an hour and a half of deliberation, according to Senior Deputy District Attorney Susan Krones.
Responding to the verdict, Mitchell Hauptman of Lakeport told Lake County News in a brief email, “Mr. Clark was gratified by the implicit confirmation that his conduct was accidental.”
Hauptman added that months prior to the trial, Clark had offered to plead to exactly what he was convicted of – “however that was rejected without any counteroffers.”
Clark went on trial beginning earlier this month in the shooting death of his wife, 58-year-old Linda Louise Clark.
Linda Clark was found dead in the couple's home in Spring Valley on the night of Dec. 20, 2014, after her husband called 911 to report the shooting, authorities reported.
He was taken into custody that same night and has remained in custody since, with bail set at $1.5 million.
Krones had sought a conviction for second-degree murder, but the jury found Clark not guilty of that charge, and also handed down not guilty verdicts on charges of domestic violence and assault with a firearm.
Prior to the shooting, Marc Clark had no criminal cases and no contacts with the Lake County Sheriff's Office. Krones confirmed he had a lack of a previous criminal record as well as support from the community and character witnesses who testified on his behalf.
Testimony in the trial began on June 2, and stretched over another six days, Krones said.
Krones had argued that the Clarks had argued twice that night, and that Marc Clark had shot his wife with a .38-caliber revolver while she sat in her recliner.
The pathologist who conducted Linda Clark's autopsy found that the barrel of the revolver had come into contact with her skin, with the bullet entering her neck below her left ear and exiting at her right temple, Krones said.
Krones said Clark also testified in his own defense, maintaining that the shooting was accidental.
On the stand Clark said he and his wife had been drinking that evening when they heard a thud on their back deck. He believed someone was there to rob them, according to his testimony.
Marc Clark had been concerned about the potential for a home invasion robbery. His neighbors were growing marijuana and he feared someone would come to his home by mistake to steal the plants, Krones said.
He testified that he retrieved his .38-caliber revolver, cocked it and then went to look out the back door, but didn't see anything. He then said he went over to his wife, who was sitting in her recliner, Krones said.
Krones believes the two were engaged in another argument, but Marc Clark testified that they weren't. He acknowledged he had been drinking, and said that because he was intoxicated he stumbled and fell forward, accidentally shooting his wife.
Because Marc Clark had extensive training and experience with firearms since he was a child – he is a hunter and he had a large firearm collection – Krones said she argued that he was guilty of murder based on “implied malice.”
She said that's the legal theory that holds that someone is guilty of murder if they kill another person while involved in an “inherently dangerous” activity.
“My argument was that by pointing the gun at her, having it loaded and cocked, it was inherently dangerous to human life, and therefore even if he stumbled at that point, it was still murder,” she said.
Krones said numerous character witnesses gave testimony for the defense. “They were both very involved in the community in Spring Valley,” she said of the Clarks.
Among those testifying were the couple's sons from the Bay Area, who said Marc Clark was a good father, and that their parents argued but not any more than an average couple.
Testifying for the prosecution regarding an alleged domestic violence incident about a year and a half before the shooting was Linda Clark's brother, Krones said.
Krones said he had been spending the night at the couple's house when he heard an argument. He came out of a room to see that Marc Clark had Linda Clark on the floor and had his arm pulled back like he was going to hit her.
The brother told Marc Clark to get off of his sister, and all three subsequently left the house that night, Krones said.
During his time on the stand, Marc Clark said his brother-in-law didn't see what he thought he saw, claiming his wife had tried to hit him, he tried to hold her arms, and that because he was drunk, he stumbled and fell, so they were both on the floor, according to Krones.
Krones said there also was testimony about Marc Clark's drinking, which character witnesses acknowledging that he drank socially. He also acknowledged that the drank, and Krones said the couple's home had a lot of alcohol in it – open bottles of wine, and full cases of wine and beer – at the time of the shooting.
She said Marc Clark's blood alcohol level three hours after the shooting was 0.11, which she said meant it would have been much higher at the time of the shooting. She said Linda Clark's blood alcohol level was found to be 0.26.
“It's fair to say that both of them were heavy drinkers,” she said, adding that guns and alcohol are a bad mix.
Closing arguments took place on Wednesday, followed by jury instructions, Krones said.
Krones said the jury got the case shortly before 3 p.m. Wednesday and by 4:30 p.m. had returned with the verdict.
Clark is due to be sentenced by Judge Andrew Blum on July 11, Krones said.
She said Clark is facing between five and 14 years in state prison.
That potential sentence includes two, three or four years for the involuntary manslaughter conviction, plus three, four or 10 years for the use of a firearm, she explained.
Hauptman said that, in the overall sentencing scheme, Clark is eligible for probation if unusual circumstances are present, “however, I am not going to try and second guess what the sentencing outcome will be.”
The Lake County Probation Department will complete a sentencing recommendation report ahead of the sentencing, which Judge Blum can then use as the basis for his decision on the term, Krones said.
“It will be up the judge to decide what the sentence should be,” she added.
Krones said Clark will receive credit for the year and a half he's already served in jail.
However, due to the conviction for the use of a firearm being a strike offense, Krones said Clark will have to serve his sentence in state prison, not the county jail.
Editor's note: This story has been updated with additional information from the defense regarding the possibility of probation and attempts to resolve the case before trial.
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