October 22, 2004
Wow! We finally found a grand jury that has the guts to do the right thing!
Although the prosecutor hasn't given up, the grand jury did the right thing. It shouldn't be against the law to protect ourselves or our property even with deadly force. Now watch the surviving thief will probably sue the guy he was trying to rob!
Grand jury refuses to indict killer of would-be thief
Published in the Home News Tribune 10/22/04
THE ASSOCIATED PRESS
MOUNT LAUREL -- The man who shot and killed a would-be thief in his yard will not face murder charges after a Gloucester County grand jury voted against indicting him.
Neighbors had protested when Robert J. Clark Jr. was first charged with murder after slaying a man who was trying to steal his all-terrain vehicle from a backyard shed.
The grand jury took the actions Wednesday, but the Gloucester County Prosecutor's Office did not announce them until yesterday.
The grand jury did return one indictment in the case: The alleged accomplice of the victim was indicted on charges of burglary and theft.
Authorities initially charged Clark with murder, aggravated assault and a weapons offense after he killed William Hamilton April 26. The grand jury voted against indicting Clark on those charges or any others, including lesser offenses such as manslaughter.
Prosecutors are not giving up.
After the shooting, prosecutor Sean F. Dalton defended the charges, saying that New Jersey state law does not allow the use of deadly force to protect property. That's still his argument.
Spokesman Bernie Weisenfeld said prosecutors are considering all their options on where to continue, including presenting the case to a second grand jury.





