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A judge dismissed a murder case Thursday against a U.S. Alcohol, Tobacco, Firearms and Explosives agent in the U.S. Virgin Islands, the ATF said.

“We are pleased with the judgment of acquittal on all counts against Special Agent [Will] Clark,” said Scot Thomasson, spokesman for the bureau.

Clark was charged with second degree murder after intervening in a domestic confrontation between two of his neighbors, Marcus Sukow and Margie Duncan, in 2008.

Duncan was trying to flee and called for help. When Clark responded, Sukow began swinging the flashlight at the agent’s head. Clark drew his service weapon and fired, hitting the man five times in the chest. Sukow died of his injuries.

A federal government multi-agency investigation of the 2008 incident unanimously concluded the shooting was justified.

But local prosecutors said that Clark — who was authorized to carry a gun and use “reasonable force” to protect himself or others — used too much force and was not authorized to enforce the law in the Virgin Islands.

Clark, who has not been working any investigations since the charges were filed against him, will be returning to full duty, a law enforcement official said.

Source: CNN

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