Lower bond sought in fatal shooting
Ralph Bartholdt Staff Writer | Hagadone News Network | UPDATED 6 years, 9 months AGO
A preliminary hearing is scheduled this week for the man accused in the fatal shooting of Michael C. “Topher” Clark.
Facing a first-degree murder charge, 33-year-old Scott M. White of Coeur d’Alene will have a preliminary hearing at 1:30 p.m. Friday in Coeur d’Alene’s First District Magistrate Court.
His attorney, Doug Phelps, has filed a motion to reduce White’s $1 million bond. Phelps plans to ask the court to suppress evidence based on violations of the defendant’s right “to be free from unreasonable search and seizure, right to remain silent, right to counsel and related constitutional protections,” according to court records.
Briefs in support of the motions have not been made part of the court record, although Phelps said he would file the briefs as soon as he receives all the discovery, including audio and video recordings from the prosecutor’s office.
White is accused of being drunk when he allegedly shot Clark, 45, around 1:30 a.m. Feb. 24 in the parking lot of the Tipsy Pine tavern at 8166 N. Government Way.
Clark, known to his friends as “Topher,” was a sort of Hayden celebrity for his part in a lucrative marijuana smuggling enterprise that was the focus of the 2014 movie “Kid Cannabis.”
White and Clark reportedly had an altercation in the bar and went outside, where another fight ensued that resulted in Clark’s death. The men allegedly fought on the ground when White, who had a concealed carry permit, stood up and shot Clark, who was still on the ground with a handgun he carried in a waistband holster.
Detectives collected five shell casings from the parking lot, according to preliminary reports. White told investigators that although he could not recall because he was too intoxicated, he likely shot every round in his firearm at Clark because his training taught him to shoot until the threat was “stopped.” Medical personal told investigators Clark was shot six times. The results of an autopsy performed last week will not be released for at least a month, according to the coroner’s office.
Clark spent 30 months in federal prison after being sentenced in 2004 for being part of a Hayden-based marijuana trafficking ring, which caught the attention of media because it was operated in large part by teenagers.
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