The November death of a Delaware man has prompted a Marion resident accused of threatening him to withdraw a guilty plea in Delaware County Common Pleas Court.
Shadow Arthur, 23, of Marion, who pleaded guilty to menacing Roger Porter of Delaware last summer, will now go to trial on Jan. 14 after he was allowed to withdraw his admission of guilt in December.
Arthur had pleaded guilty to aggravated menacing, a first-degree misdemeanor, at a hearing on Oct. 2 and agreed to testify against Nathaniel Clark, 26, formerly of 173 Silver Maple Drive, Delaware. Arthur was scheduled to be sentenced on Nov. 16.
The case stems from an April incident in which Clark fired a handgun in his neighborhood and was later arrested by police. Porter was a witness to the incident.
However, after Porter passed away in November and Clark’s trial date was changed to Dec. 17, Arthur’s attorney, Donald Reeder, filed a motion to withdraw Arthur’s guilty plea.
Reeder argued that because Arthur would be sentenced before Clark stood trial, it would be possible for the case against Clark to be dismissed but Arthur would still have to serve his sentence. Reeder said in his motion that such an event would be a “miscarriage of justice” and asked Judge David Gormley to allow Arthur to withdraw his plea.
Gormley granted the motion and set a trial date of Jan. 14 for the two men. Arthur will no longer be obligated to testisfy against Clark.
Arthur is charged with intimidation of a witness — Porter — in a criminal case, a third-degree felony, and aggravated menacing.
Clark will be tried on a charge of intimidation of a witness in a criminal case, a third-degree felony; menacing by stalking, a fourth-degree felony; and aggravated menacing, a first-degree misdemeanor.
Clark also faces charges of having weapons under disability, a third-degree felony; using weapons while intoxicated, a first-degree misdemeanor; and inducing panic, a first-degree misdemeanor.
On April 22, 2015, Delaware police responded to a complaint of loud music at Clark’s Silver Maple Drive residence at about 11 p.m. Police said they spoke to Clark who showed signs of intoxication but agreed to turn down the music’s volume.
Police were again called to the residence more than an hour later — at 12:47 a.m. — regarding gunshots heard in the area. Porter, a neighbor, told police he had seen Clark stand in his doorway and fire a handgun at the ground before Clark went inside his house.
Clark was indicted on the weapons and inducing panic charges on May 22 by a Delaware County grand jury.
On June 13, at about 2:30 a.m., Porter called police to report that Clark had come to his house, along with Arthur. Porter said Arthur threatened him with a knife and told him he would be harmed if he testified against Clark.
Clark and Arthur were located at a nearby residence and arrested. They were charged with intimidating a witness and aggravated menacing, and taken to the county jail.
They were both indicted on the intimidation and menacing charges on June 19.
Clark now resides in Thornville, Ohio.
Glenn Battishill can be reached at 740-413-0903 or on Twitter @BattishillDG.