Judge Brent Elliott of the 43rd Circuit has recused himself and recommended that an out-of-circuit judge hear the case of second degree murder against the Osborn man who caused the death of DeKalb County Sheriff Andy Clark in June 2020.
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Gary Wayne Downs, 35, is charged with murder second degree in the death of Sheriff Clark. Sheriff Clark was responding to a request for assistance when his vehicle was stuck by an eastbound vehicle on U.S. 36 as he crossed toward Route M with emergency equipment activated.
Captain Tracy Neill was attempting to arrest Downs when she called for assistance from Clark and the Highway Patrol. Downs escaped from the rear passenger compartment of the officer’s patrol vehicle and left the scene on foot.
Downs is also charged with resisting arrest and escape from custody while under arrest for felony.