Utah Supreme Court affirms dismissal of charges against man who fired at snowplow

SALT LAKE CITY — Utah's high court has agreed with a lower court in dismissing charges filed against a man who fired multiple shots at a snowplow, saying the man did act in self-defense.

Jon Michael Clara said a truck with a snowplow on the front rear-ended his SUV multiple times, with increasing intensity each time, before starting to drive away. Within a few seconds, the snowplow stopped abruptly and began to turn. The Supreme Court opinion says it was reasonable for Clara to believe the truck was coming back to attack him or his passenger again, justifying his action in firing the gun.

The seven shots fired toward the snowplow did not hit it, but one bullet hit a nearby truck and came close to hitting a young girl.

The Utah Supreme Court filed its ruling on March 14, affirming the dismissal of seven counts of discharge of a firearm, a third-degree felony, against Clara, a community activist for the west side of Salt Lake City and former school board member.

Clara utilized a new Utah law passed in 2021 that allows a person charged with a crime to claim self-defense and have charges dismissed before trial. The law says charges should be dismissed if a judge rules that there is a basis to claim self-defense, and then prosecutors are unable to prove, with clear and convincing evidence, that the use of force was not justified.

The incident occurred near 900 West and 100 South in Salt Lake City in November 2019, before the law was passed.

Third District Judge Todd Shaughnessy dismissed the charges in March 2022, saying his "hands are tied" by the statute. He found there was danger posed by the snowplow, because it could cause death or serious injury very quickly. At the time, the judge encouraged prosecutors to appeal the case to add clarity to the new law, saying this case "could come out either way" if it were before a jury.

'My hands are tied': Judge dismisses shooting case against advocate because of new Utah law

A judge on Friday said he had no choice but to dismiss a case against a Salt Lake advocate charged with firing seven rounds at a pickup truck after it hit his car and drove away.

Prosecutors argued that when the shots were fired, the snowplow was not yet facing Clara. In their appeal, the state argued that Clara did not show that his belief the snowplow passed an imminent threat was reasonable. It argued that Clara's self-defense claim "rests on subjective feelings" and speculation, according to the opinion.

The Supreme Court, however, agreed with Shaughnessy that there was evidence showing Clara had a reasonable belief that the snowplow posed a threat.

"Clara believed his SUV was disabled and that his passenger was injured. Fearing that the snowplow was turning around to attack them again, Clara testified that he fired the shots as a warning to stop the snowplow driver from returning," the opinion says.

During the justification hearing, Clara and the passenger in his car testified about being suddenly rear-ended. He said he moved to the side of the road thinking it was an accident and the snowplow hit his vehicle again and again, causing his car to spin and face oncoming traffic. He said a fourth hit to the passenger side caused airbags to deploy.

The opinion says video from Clara's car shows about six seconds passed between the fourth strike and when Clara began firing a gun.

The truck with the snowplow attached was found nearby, but at the time of the justification hearing the driver of the truck had not been located.

Related topics