Case Dismissed Against ATF Agent Tried for Murder In Virgin Islands
"It was so obvious on its face that they so flagrantly failed to meet their burden that a kindergarten student holding a gavel would have drawn the same conclusion," said Jon Adler, president of Federal Law Enforcement Officers Association (FLEOA).
A federal agent on trial in the Virgin Islands for murder has been cleared of wrongdoing, after the presiding judge dismissed the case Thursday.
Judge Edgar Ross dismissed the case against Will Clark, after prosecutors concluded their case. The trial had begun Monday.
"It was so obvious on its face that they so flagrantly failed to meet their burden that a kindergarten student holding a gavel would have drawn the same conclusion that Judge Ross did," Jon Adler, president of the Federal Law Enforcement Officers Association (FLEOA), tells POLICE Magazine.
The dismissal is also being reported by WHEC.com, an NBC affiliate in Rochester, N.Y., where Clark's family still lives. Rep. Chris Lee released a statement praising the judge's decision.
"As I have said from the beginning, Will is a hero, not a murderer, and I'm so grateful the judge looked at the facts of the case and agreed," according to Lee. "Our law enforcement officers need to know that they will not be prosecuted for taking lawful actions to protect the innocent, whether they are on duty or off."
Clark, 35, an agent of the Bureau of Alcohol, Tobacco, Firearms and Explosives, was on trial for second-degree murder, voluntary manslaughter and using a dangerous weapon stemming from his shooting of Marcus Sukow during a domestic dispute.
Clark had come to the aid of a Sukow's girlfriend, Marguerite Duncan, during a domestic dispute. Sukow charged Clark with a large flashlight and ignored the agent's lawful orders, prior to Clark discharging his service weapon and killing Sukow.
In court, Duncan backpeddled on statements she initially made to investigators, testifying she had not asked Clark for help with an abusive boyfriend.
Defense attorney Mark Schamel had requested the case be dismissed because proper procedure was not followed in identifying Sukow's body to the medical examiner, according to an Associated Press report. Schamel said prosecutors owe Clark and his family an apology.
"My heart is smiling and crying for the Clark family," added Adler, who traveled to the Virgin Islands to observe the trial. "But at the same time I'm feeling a lot of anger for what the Virgin Islands prosecuting team subjected the Clark family to."
Investigations by the Department of Justice and ATF had concluded that Clark's shooting was justified.
More Patrol

Team Wendy Introduces the EXFIL Endurance Ballistic Helmet, Engineered to Reduce the Burden of Extended Wear
Team Wendy has launched its EXFIL Endurance, a new lightweight ballistic helmet engineered to deliver protection, comfort, and fit during demanding, extended operations.
Read More →
The First Responders Children’s Foundation National First Responders Day Roll Call of Heroes Ceremony Returns to Times Square, NYC
First Responders Children’s Foundation (FRCF), in collaboration with T-Mobile, will host the Roll Call of Heroes ceremony in Times Square to commemorate National First Responders Day on Wednesday, Oct. 28. During the event, FRCF will present 18 Hero Awards.
Read More →
Streamlight to Showcase Newest Lighting Products for Law Enforcement Professionals at IACP 2026
Streamlight will showcase its newest lights for law enforcement at the International Association of Chiefs of Police Annual Conference & Expo. Featured lights will include the TLR-3 X, the PolyTac 1X, and more.
Read More →
Streamlight Portable Scene Light III Wins 2026 OH&S New Product of the Year Award
Streamlight’s Portable Scene Light III has won the 2026 Occupational Health & Safety (OH&S) New Product of the Year Award in the Lighting category.
Read More →
Adept Armor Introduces Two New Rifle Plates
Adept Armor has launched two new Level IV ballistic plates, the Emperor and the Archon Mark 2, which brings Adept Armor’s new Quatroid ceramic to the high-threat, performance-value center of the range at 5.2 pounds.
Read More →
POLICE Product Test: Benchmade Bailout
The Benchmade Bailout is a slim, lightweight carry knife with a deep-ride pocket clip and comes in a variety of blade steels and scales. Here is a detailed review of the Taiga Green Bailout, released earlier this year.
Read More →
NLEOMF Announces July 2026 Officer of the Month
NLEOMF honored a Michigan deputy sheriff as the July 2026 Officer of the Month for rescuing a trapped driver from a burning vehicle following a Fourth of July crash.
Read More →
Streamlight to Showcase Newest Lighting Products at National Safety Council’s Safety Congress & Expo 2026
Streamlight will showcase its latest lights, including the Portable Scene Light III and the LiteBox 1Million, at the 2026 National Safety Council (NSC) Safety Congress & Expo.
Read More →
The 2027 World Police & Fire Games Set for Perth, Australia
The 2027 World Police & Fire Games (WPFG) will take place in Perth, Western Australia, from Friday, March 12 through Sunday, March 21, 2027.
Read More →
5.11 Partners with National Fallen Firefighters Foundation to Support #ForThe343
5.11 has joined the nationwide movement honoring the 343 New York City Fire Department firefighters lost on Sept. 11, 2001.
Read More →