December 13, 2013
GREENVILLE - A Greenville man will spend the next two years in prison for shooting his brother during an argument in May.
Kody L. Clark, 30-year-old father of two children, appeared in the Darke County Court of Common Pleas Friday morning after pleading guilty in October to a single count of Felonious Assault, a felony of the second degree.
According to the indictment, Clark fired a single shot while arguing with his 24-year-old brother that was visiting Clark’s residence in the Sherwood Forest mobile home community, just south of Greenville. Kody’s brother, Ky Clark of Mooresville, Ind. was struck in the leg by the gunshot.
According to a pre-sentence investigation, Kody Clark suffers from a mental health issues and was reportedly under the influence of drugs and alcohol at the time of the shooting.
“My concern here is for Kody,” stated Clark’s defense attorney David A. Rohrer. “He has been sober now for three months.”
“I have spoken with Kody’s brother and he wants to see his brother get help,” he added.
“It’s the states position that a prison term is appropriate in this case,” Darke County Assistant Prosecuting Attorney Deborah S. Quigley. “The state does not believe that bringing a gun into disputes between family members is ever appropriate.”
“I am sorry for putting my family through this,” Clark stated. “I have to get the help that I need.”
Many of Clark’s family attended Friday’s sentencing. His sister, which is a year younger, addressed the court prior to the judges ruling.
“I just want to say that my brother is a huge part of our family. There are five of us children and he is just one of the links and to remove that link would be hard on all of us,” she said pleading with the judge. “Part of his sobriety has been all of us coming together. I don’t think prison is the answer, but he needs help someway.”
After hearing both sides, Judge Hein agreed with the state sentencing Clark to a 24 month prison term.
“There is no way not to send you to prison, because this is not a mental health situation,” Judge Hein told Clark. “You are a person with mental health problems that consciously committed a crime involving a gun that caused physical harm to your brother. That is why there is a prison sanction.”
Clark will be placed on post release control for up to 36 months once the prison sentence is served.