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Judge declares mistrial in attempted murder of Louisa County sheriff’s deputy

Posted on Thursday, October 26, 2017 at 5:00 am

A jury was unable to reach a verdict after the trial of Kelly Clark, who was charged with attempted murder of a deputy last winter. File Photo

Two days of testimony intended to convince a jury whether Kelly Clark attempted to kill a Louisa County sheriff’s deputy ended on Oct. 20 with a mistrial.

Prosecutors will have to decide by next month whether they intend to retry Clark, a Louisa resident, once more in circuit court.

Four expert witnesses offered contradicting opinions about what would have caused Clark to be mentally impaired when he charged at Deputy Tommy Payne on Dec. 26, 2016. Joe Morrissey, Clark’s attorney, said that his client was suffering from an acute low blood sugar at the time of the incident.

Two physicians at University of Virginia Hospital who testified during the trial cast doubt on Morrissey’s theory. One of them, Dr. David Burt, treated Clark in the emergency room an hour after Payne shot Clark once in the chest.

Clark’s daughter, Kwarnasia, told the court she measured her father’s blood sugar three times on Christmas Day. He had been diagnosed with diabetes in 2015 and prescribed Metformin, a drug used to treat high blood sugar.

Clark’s blood glucose level that day began at 80 milligrams per deciliter and dropped to 65 by evening, Kwarnasia Clark said. His wife, Cassie, added that she did not believe he ate much, if anything, during the day, which would have contributed to low sugar readings. A range of 80 to 120 is considered normal for most people, Burt said.


To read the entire story, see the Oct. 26 edition of The Central Virginian.


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