A jury trial in the Greenbrier County Circuit Court returned a guilty verdict on Thursday, Mar. 31.
Todd Clutter was indicted in October 2020 on one charge of wanton endangerment involving a firearm. The case went to trial this week, beginning on Wednesday, Mar. 30.
According to trial testimony, around 2010, Clutter’s brother-in-law, Joe Sharp, had helped Clutter and his wife, Jacqueline Clutter, finance their home during tough times, with the condition that they pay Sharp back. The couple had lived in the home for over 20 years. According to Todd Clutter, this money had been paid up, while Sharp stated they were behind on payments. The relationship had soured, with Jacqueline Clutter filing for, and failing to be granted, up to five protective orders against Sharp.
Todd Clutter took the stand in his own defense, beginning by explaining was given medication by his doctor on the morning of May 3, 2018, to deal with chronic pain issues. He testified he returned home and went to sleep in his bedroom, to be woken up twice.
The first time was to Lieutenant George Michael Baker of the Greenbrier County Sheriff’s Department announcing he was on scene. Sharp’s attorney, attorney Kristopher Faerber, was also on scene.
Todd Clutter testified that Jacqueline Clutter called their attorney, E. Lavoyd Morgan, on speaker phone and asked for advice. According to both Clutters, Morgan told them not to respond to the deputy, telling them he would take care of the situation. Morgan allegedly explained that the now pending case between the couple and Sharp about the property needed to be moved from the magistrate court to the Greenbrier County Circuit Court.
Looking out of the window, Todd Clutter testified he saw both Faeber and Baker move their vehicles, thinking they left the scene.
Todd Clutter testified he woke up the second time to a scream, his wife yelling “Todd, they’re breaking in!” He walked up the hallway, in his underwear, armed with a gun. Sharp was the first one through the door, and Clutter aimed the gun at him.
According to the testimony given by the state’s witnesses, the Clutters did not respond after being served in the magistrate court regarding the property dispute between the couple and Sharp. Neither they, nor their representation, appeared before the judge during the scheduled motions hearing, and an eviction order was entered against them.
Todd Clutter testified that he had never seen the served papers before, and that he would have been at the hearing if he had known about it.
According to Faeber, testifying on behalf of the state, before May 3, Faeber had left a note on the Clutters’ car, informing them of Sharp’s intention to have them removed, but Faeber explained this note was “purely a courtesy.”
Faeber reached out to Baker on May 3 to follow through with the eviction.
“I was hired to take back the property,” explained Faeber. “[I was there] to just observe.”
Faeber and Baker arrived on scene in two separate vehicles, with the magistrate order in hand. Baker announced his presence and received no response. Sharp then arrived on scene and, after exchanging greetings with him, Faeber told the group he had to leave. Baker moved his vehicle, allowing Faeber to pull out of the driveway.
Baker then allowed Sharp to enter the home, as he legally owned the property. Baker testified he was unsure if he announced himself a second time before he attempted to enter, while the Clutters stated he did not.
Sharp testified he used a sledgehammer, about two and a half feet long and with a “four or five pounds of weight,” to force the door open. According to Sharp, he aimed for the doorknob, using the sledgehammer to “gently beat it” until it came off. The knob was “not secure” and after a few swings, it broke off. Sharp then set the hammer down and used his credit card to disengage the lock and walk inside.
According to both of the Clutters, the knob fell out after a blow from the hammer, the door swung inside, and, with Sharp’s unneeded last swing interrupted, he stumbled through the door with the sledgehammer. They also stated that Sharp had beat the door, leaving dents and splintered wood trim behind.
Every witness at the trial then reports someone saying a variation of, “I’m going to kill you.” The Clutters both point to Sharp, saying he was threatening Jacqueline Clutter with the sledgehammer. Sharp points to Todd Clutter, saying Todd Clutter said it as he raised a gun. Baker testified Todd Clutter said it as he entered the room behind Sharp.
Once Sharp entered the home, the incident in question began.
“There’s heavy footsteps coming up the hallway,” Sharp testified. “How far he was I wouldn’t know, because I was looking at my sister. All the sudden, he says ‘I’m gonna kill this … m—f—.’ He pointed the gun right at me, held it on me, at all times. Looking at me, never taking his eyes off me, from less than 10 feet away. When he put that gun at me, I was looking right at him. … If I would have said anything, he could have shot me. He could have shot me.”
Baker stated he entered almost “simultaneously” with Sharp, while the Clutters said he entered between one to three minutes later. Baker described Todd Clutter as pointing the gun, generally, in his and Sharp’s direction. Once Baker saw the gun, he drew his own, and told Todd Clutter to put the weapon down. According to Baker, he said this three times before Clutter compiled.
“[When I entered], I saw Ms. Clutter,” Baker said. “She was up and to the left. … She was closer to the hallway. She had a cell phone in her hand, I don’t know if she was on it. … She spoke into it, ‘they broke into the house.’ I heard someone, in one of the rooms down that hallway. I don’t remember exactly what [Todd Clutter] said, [but something like] ‘I’m going to kill him.’ … He had a weapon in his hand. As soon as I saw the weapon, I drew my weapon, and told him to put his weapon down. It may have been a couple of times [that I said it].”
“[Sharp] froze, he didn’t move,” testified Todd Clutter. “Then I saw Kris Faeber poke his head in through the door. … I saw Baker, I don’t know if he was sitting on the steps out there, but I saw his head look around the corner and through the door. The next thing I knew, he was drawing his revolver. He said put down the weapon. I complied and I put down the weapon immediately. I believe I only heard him say it once. [I put it down] almost immediately, you don’t hold a gun against a cop.”
According to Todd Clutter, the gun’s safety was still engaged, and there was no bullet in the chamber. However, Baker testified he removed a bullet from the chamber.
Defense Attorney Paul Detch pointed the jury to the differences in story and said the state had not brought enough proof of wanton endangerment involving a firearm beyond a reasonable doubt.
“Wouldn’t it be nice to have a picture of that sledgehammer? [Did Sharp bring] it inside or was it outside?” asked Detch. “It would have been nice to have a picture, so we would know where it was, what the size of it was. Wouldn’t we like to have a picture of that door, so we’d know how violently it was entered? Wouldn’t we like to have a piece of that split framing that’s been referred to? But we don’t have it, because the state didn’t think this was important enough to send a cameraman down there for 10 minutes. … Wouldn’t it be nice to have a picture of this gun, telling us if the safety was on? Wouldn’t it be nice to look at the clip he took out of it? Wouldn’t it be nice to see the separate bullet he takes out of the chamber?”
Greenbrier County Prosecuting Attorney Patrick Via pushed back against this, highlighting the charge itself.
“What’s [Baker] got to do, get an action shot of Joe Sharp allegedly threatening his sister with that hammer?” Via said. “Why would he need to do that? … The reason we are here today is because Todd Clutter knew the jig was up. He would not get out of that house. It was not his; it took the court ordering him out for him to go, and when the moment came, and the sheriff was there, he was not prepared for that reality. In a fit of anger, [he says] ‘I’ll kill that m—f—’ and put that gun on Joe Sharp. That’s why we are here today. That’s reckless. That’s wanton. It’s utterly and completely without justification. Then to tell the version of events that you heard … is ridiculous.”
The jury agreed with Via, finding Todd Clutter guilty of wanton endangerment with a firearm. The case next proceeds to sentencing in May.
A civil case between the Clutters and Sharp was due to continue in the circuit court in August, dealing with the ownership of the property. During closing statements, Detch noted Sharp is “the same man that’s exaggerating all of this because he’s trying to get his sister cleared out and he’s trying to get his litigation in August. He thinks this [case] preempts [that case].” The civil case concerning the property is ongoing. Sharp said the property hasn’t been sold or rented since 2018 and “there’s so much filth in that house, I can’t clean the house out.”
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