I-Team 10 update: Case dismissed against local ATF agent on trial for murder

Posted at: 10/28/2010 3:00 PM | Updated at: 10/28/2010 3:02 PM

News 10NBC has learned the case against an ATF agent with ties to Rochester has been dismissed. This is according to Congressman Chris Lee’s office and the FBI.
Special Agent Will Clark was on trial for murder in the U.S. Virgin Islands.
Special Agent Will Clark was charged with second-degree murder in the shooting death of his neighbor. It happened on the island of Saint Thomas in 2008 where Clark was on assignment.
One morning on his way to the gym, he intervened in a domestic dispute between a man and woman. The man lunged toward Clark with a large metal flashlight - and Clark shot him.
Clark was cleared by a U.S. Justice Department review panel, but the local court in the Virgin Islands wanted to go forward with the criminal case.
Clark had argued to the U.S. Court of Appeals that his case belongs in federal court where he could be granted immunity under the Supremacy Clause of the U.S. Constitution. The Third Circuit court rejected that argument.
Yesterday fellow federal law enforcement agents protested outside the U.S. Virgin Islands Governor's office in Washington, D.C.
The case has had a ripple effect on law enforcement in the Virgin Islands. The ATF has pulled all of its agents from the U.S. territory in protest.
Ironically, Clark and others were sent to the Virgin Islands to assist in the growing problem of gun violence there.
The agent has a fiancé and a child here in Rochester.
For more Rocheseter, N.Y. news go to our website www.whec.com.