Charges filed against alleged gunman in SWAT standoff a day after his release. Is bail reform to blame?

A SWAT team member responds to a Pleasant Grove
incident in this March 20, 2015, photo. On Wednesday, a Pleasant
Grove man was charged with assault on a police officer, illegal
discharge of a firearm and aggravated assault following a six-hour
standoff on March 16 during which he allegedly shot at officers.

(Chelsey Allder, Deseret News)


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PLEASANT GROVE — Formal charges were filed Wednesday against a man accused of shooting at police during a six-hour standoff in Pleasant Grove.

But the charges come one day after Robert Sterling Clark, 37, of Pleasant Grove, was released from the Utah County Jail, much to the displeasure of police officers.

Clark was charged Wednesday in 4th District Court with assault on a police officer, a second-degree felony; plus two counts of illegal discharge of a firearm and aggravated assault, third-degree felonies.

On March 16, neighbors called police to report that Clark was firing a shotgun into the air from outside his house, 550 E. 500 North. When confronted by a neighbor, Clark pointed the weapon at him but then shot into the air again, according to charging documents.

Police surrounded the house and "could see him standing on the second floor balcony shooting several times," the charges state.

Clark is also accused of firing a round toward officers in his backyard.

"One of the officers heard pellets hitting branches of the tree she was standing behind and one branch broke off and fell to the ground. When the SWAT team arrived, a standoff began for several hours during which (Clark) stated that he had a large quantity of ammunition and threatened to kill any officers who came inside the home," according to the charges.

Police say an officer returned fire, hitting Clark's deck and causing him to be hit by wood splinters before he ran back into his house.

After trying to negotiate with Clark for six hours to surrender, a SWAT team went through his door and window and found him in his front room with a shotgun and a large knife strapped to his leg, the charges say.

"When he was ordered to drop the gun and come out, he complied," according to the court documents.

Robert Sterling Clark, 37, was arrested following a
six-hour standoff with police on Monday, March 15, 2021. He was
charged Wednesday with assault on a police officer, two counts of
illegal discharge of a firearm and and aggravated
assault.
Robert Sterling Clark, 37, was arrested following a six-hour standoff with police on Monday, March 15, 2021. He was charged Wednesday with assault on a police officer, two counts of illegal discharge of a firearm and and aggravated assault. (Photo: Utah County Jail)

Bail reform law repealed

Prosecutors also noted in the charges that after his arrest, Clark "was ordered held without bail but was released by the court without a hearing or evidence."

Clark's release from jail a week after he was arrested prompted Utah County Sheriff Mike Smith to release a statement on Wednesday criticizing bail reform legislation passed by Utah lawmakers in 2020 that was lambasted by the Utah Sheriff's Association.

"This story is a perfect example of why the sheriffs in Utah have fought to have bail reform repealed. It is not acceptable for people who are a danger to themselves and others to be released back into our communities without receiving the help they are in need of. Similar stories have played out across the state. Bail reform needs to end!" he said. "Supporters of bail reform should be ashamed of the damage they are doing to our criminal justice system."

The Utah Sheriff's Association also released a statement Wednesday saying the new law has "inadvertently created a catch and release program that is failing to keep our communities safe" and that "there have been dozens of egregious examples of dangerous criminals being released from jail" since it took effect.

The bail reform, pitched as a change to hold suspects based on the risks they pose and not their ability to afford bail, passed the 2020 Legislature with broad support and took effect in October.

While police in rural counties have contended the changes allowed for some dangerous offenders to be released, supporters of the law have rejected those claims. Prosecutors and defense attorneys along the Wasatch Front have said the bail reform is working in their counties.

The sheriff's association said Clark is one of two recent examples of murder suspects being released from jail. However, Clark's case is not a murder case. He was initially arrested for investigation of attempted murder, but was not charged with that crime Wednesday. The other example cited is a case out of Duchesne County.

Related:

The association on Wednesday urged Gov. Spencer Cox to immediately sign HB220, which would repeal the prior legislation. On Wednesday afternoon, Cox did sign it.

The governor said he plans to call a special session of the Utah Legislature to approve a new bail reform law "that is based on risk, not wealth and respects the presumption of innocence while allowing judges to take action necessary to protect the public."

Even Clark's uncle, Bob Carroll, said his nephew should not have been released.

"We're definitely dealing with somebody who isn't stable, who has a history of mental illness," Carroll said. "I don't think a seven-day observation and release are in line with the activities that happened on this property a week ago."

Carroll said he feared for the safety of Clark as well as for neighbors and anyone who might interact with him.

"He's probably not in his right mind to be able to live on his own and be responsible," Clark said. "The justice system failed Sterling."

The Utah Sheriff's Association said Wednesday that Utah County Attorney David Leavitt waited too long to file charges against Clark, which led to his release. Leavitt said prosecutors had filed a motion on Monday to keep Clark in jail, but a judge did not hear or consider the motion. A second judge did, but by then Clark had already been released.

Clark's family and police say he has a long history of mental illness.

"Clark has failed to take medication for paranoid schizophrenia for several months. Clark has alienated himself from all his family and has stated that he hasn't left his residence since September of 2020. Clark stated he doesn't trust the local police because they eat zombie flesh and stated his neighbor is making zombie meat in his backyard in a zombie pond," according to a police affidavit.

Contributing: Andrew Adams, KSL TV

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Pat Reavy interned with KSL NewsRadio in 1989 and has been a full-time journalist for either KSL NewsRadio, Deseret News or KSL.com since 1991. For the past 25 years, he has worked primarily the cops and courts beat.
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