Woodbury, New Jersey



From Philadelphia’s NBC10.com of October 21, 2004

Man Who Shot Would-Be Thief Won't Face Murder Charge



Killing Took Place In Shed Of Man's Property



A man who shot and killed a would-be thief in his yard will not face murder charges after a Gloucester County grand jury voted against indicting him.



Neighbors had protested when Robert J. Clark Jr. was first charged with murder after slaying a man who was trying to steal his all-terrain vehicle from a backyard shed.



The grand jury, which decides whether there's enough evidence in criminal cases to proceed to trial, took the actions Wednesday, but the Gloucester County prosecutor's office did not announce them until Thursday.



The grand jury did return one indictment in the case: The alleged accomplice of the victim was indicted on charges of burglary and theft.



Authorities initially charged Clark with murder, aggravated assault and a weapons offense after he killed William Hamilton on April 26. The grand jury voted against indicting Clark on those charges or any others, including a lesser offense such as manslaughter.



"I've always felt the people of Gloucester County were solid, commonsense Americans and they saw this exactly as it was -- a person defending his home, his family, his life," said Clark's defense lawyer, Mike Pinsky.



But prosecutors are not giving up.



After the shooting, prosecutor Sean F. Dalton defended the charges, saying that New Jersey state law does not allow the use of deadly force to protect property. That's still his line.



Spokesman Bernie Weisenfeld said prosecutors are considering all their options for where to continue, including presenting the case to a second grand jury.



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