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ATF Still Not Sure Whether Agents Will Return to Virgin Islands

By Allan Lengel

WASHINGTON — Nearly two weeks after a U.S. Virgin Islands judge tossed out the controversial murder charges against ATF agent Will Clark, the agency said it has still not decided whether to send agents to work there again.

“It’s being evaluated and no decision has been made,” Donna Sellers, an ATF spokesperson told ticklethewire.com.

As a protest, ATF had withdrawn its agents from the Virgin Islands shortly after Clark had been charged with murder in 2008. He fatally shot his neighbor during a confrontation.

After the trial had already gotten underway, Judge Edgar Ross tossed the case on a technicality, ruling in favor of a defense motion that proper procedure was not followed in identifying the body of shooting victim Marcus Sukow to the medical examiner.

Prosecutors had accused ATF agent Clark of using excessive force during a confrontation with Sukow, who was involved in a in a domestic dispute that day. Clark claimed it was self defense and his agency, after conducting an internal review, found Clark responded properly.