Press-Republican

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June 7, 2013

Grand jury: No misconduct by deputies in Altona man's death

PLATTSBURGH — A Clinton County grand jury has ruled there was no misconduct by Clinton County sheriff’s deputies in the death of Dusty M. Clark.

Clark, 28, was shot and killed on Dec. 30, 2012, in his home in Altona when Deputies Jason R. Winters and Andrew J. Bertrand attempted to serve him with an arrest warrant for failure to appear on charges of second-degree unlicensed operation of a motor vehicle, a misdemeanor, and unsafe passing, a traffic violation.

AUTOPSY RESULTS

The cause of death was determined to be injuries resulting from four gunshot wounds, Clinton County District Attorney Andrew Wylie said.

The autopsy report cites a penetrating gunshot wound to the neck, a perforating gunshot wound to the right chest, a penetrating gunshot wound to left chest and a penetrating gunshot wound to left shoulder, Wylie said.

“It’s a terribly unfortunate incident. There is no positive outcome with a situation like this,” Clinton County Sheriff David Favro told the Press-Republican on Thursday.

FATHER UPSET

Reached for comment, Dusty’s father, Edward Clark, said he had not been told of the outcome of the case.

“Nobody really even looked to see what his (health) records consisted of,” Edward said, adding that things have been difficult for him emotionally since his son’s death.

Edward said his son’s offenses were not so serious as to warrant the use of force in his arrest.

“They should have walked out of the house and came back later.”

Edward said he had called New York State Police a couple of days before Thanksgiving last year in hopes that they could help get Dusty to the hospital so he could be evaluated and get treatment for his mental illness.

State Police went to his home then, Edward said, but could legally do nothing since it appeared Dusty was not a threat to himself or others at the time.

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