By SYDNEY KENT
A Bluffton man has been sentenced in Wells Circuit Court to four years at the Indiana Department of Corrections — with all four years suspended, however — following his guilty plea in connection with a road-rage incident last September.
Robert Edward Clark, 40, pleaded guilty to one count of intimidation by use of a deadly weapon, a Level 5 felony. In addition to the four-year suspended prison sentence, Clark was sentenced to three years of probation and two years of home detention.
According to police reports, a woman attempted to pass Clark, who was driving 15 mph under the speed limit, but was unable to do so due to oncoming traffic. Clark then “brake-checked” the woman before angling his vehicle to block her from proceeding. Clark exited his vehicle with a knife, stabbed her rear left tire, and threatened to kill her. The woman attempted to drive away but could not because of her tire. She instructed her daughter to call 911, and Clark quickly drove away.
He was later located by police, placed under arrest, and charged with criminal mischief, a Class B misdemeanor; driving while suspended with a prior conviction for the same offense, a Class A misdemeanor; and intimidation by use of a deadly weapon, a Level 5 felony.
Before he pleaded guilty, Wells County Prosecutor Colin Andrews asked Clark if he agreed that he did in fact intend to place the victim in fear that the threat to harm her would be carried out. Clark confirmed. He was immediately sentenced following the plea hearing.
During the sentencing hearing, Andrews spoke on behalf of the victim in the case. The victim conveyed the impact of the incident via a statement submitted to the court. She noted that her daughter should be enjoying her life, learning to drive, and getting her license at this age — but has not been able to due to the psychological trauma she has endured.
“The car was damaged, a knife was drawn,” Andrews added. “This is unacceptable behavior and I think we can all agree with that in this community.”
Andrews noted the victim requested Clark be sentenced to two years in prison, as well as additional restitution to cover the cost of new tires. The defense did not oppose either request.
Clark’s lawyer, Cory Spreen, explained that Clark was remorseful over the incident. He also told the court that he had been previously unaware of Clark’s resistance to a sentence that would include home detention due to having a child with autism at home. Spreen said that Clark would serve any sentence the court deemed fit, however, he believed his client would request jail time to protect his child.
Judge Kenton Kiracofe questioned the logic behind Clark’s resistance to house arrest.
“I got an autistic son at home,” Clark responded. “He goes through a lot of therapy. I don’t want anything to happen to make him regress.”
Clark detailed a story about a friend on house arrest who allegedly experienced officers “beating on the door” at all hours of the day and night. Kiracofe explained that while this is possible should there be an emergency, it is not the typical experience.
“I am very sorry about what happened,” Clark also said to the court. “I had a really bad day, and I’m trying to be here to do what I got to do to make it right. I’m very sorry for what I’ve done. If I could take it back — I would.”
Kiracofe explained the severity of the incident, noting that in some ways, the situation could have had a fatal outcome for Clark with the victims being within their legal right to defend themselves.
“This person could have shot you,” Kiracofe emphasized. “You’re a large man, you’re coming towards someone with a knife. It’s odd to think you could have been injured or killed, and the person would have been justified in that, and you not do any jail time. At the same time, it is an isolated incident — a very bad day.”
Kiracofe added that the victim conveyed concern for Clark and wanted some of the anger and mental health issues Clark dealt with to be addressed. The court deemed this appropriate and ordered a mental health evaluation.
“I recognize you don’t want home detention, but I think home detention would also be a viable alternative,” Kiracofe said. “I think it certainly would be a setback to your child if you’re not in the home.”
In Indiana, Level 5 felonies carry the potential of one to six years’ imprisonment with an advisory sentence of three years. As part of the ruling, Clark was ordered to pay court costs and fees, as well as the additional requested restitution to the victim in the amount of $620.73.
sydney@news-banner.com
