Clark in Court: Prosecution Submits Response to Defense’s Motion to Withdraw Guilty Plea

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UTICA, N.Y. (WUTR-TV) — In July of 2019, 22-year-old Brandon Clark was arrested and charged with the second degree murder of 17-year-old Bianca Devins.

Back in February of 2020, Clark plead guilty to the charges. He told Oneida County Judge Michael Dwyer he accepted the deal because he did not want the Devins family to see the evidence that would be presented during a trial. Sentencing was originally scheduled for April 6th but due to the pandemic, it was pushed back a number of times.

Fast forward to June 2nd, and Clark requested to withdraw his guilty plea, saying that his attorney at the time, Luke Nebush, coerced him into pleading guilty. In August, Judge Dwyer accepted the motion and appointed Clark a new attorney, Gregg Starczewski.

Today, Clark appeared in court and the prosecution submitted their response to the defense’s motion to withdraw the guilty plea. Neither side provided any oral arguments.

Judge Dwyer scheduled an evidentiary hearing for Wednesday, September 30th where they will present arguments and testimonies on the motion.

Today, the Devins family was present and say they hope the motion is rejected.

“We are hoping that the justice system will move forward giving him his rights to try and see what he can do, but we believe the ruling will be what the law says. He plead guilty he was given every opportunity to understand the consequences of that guilty plea and now he must be sentenced and served the full sentence with no reduction. That’s what we’re calling for.” – Frank Williams, Bianca’s Grandfather

Currently, Clark is being held at the Oneida County Jail. If convicted, he could serve 25 years to life behind bars.

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