The judge has recused himself in the case involving an Osborn man charged with murder—second degree in relation to a motor vehicle accident that caused the death of DeKalb County Sheriff Andy Clark.
Online court information shows Judge Brent Elliott recused himself on April 9th and ordered the case for 35-year-old Gary Wayne Downs be transferred to the presiding judge. Elliott recommended an out of circuit judge be assigned to hear the case.
Downs is also charged with the felonies of resisting arrest, detention or stop by fleeing and escape or attempted escape from custody while under arrest for a felony.
A probable cause statement from the Highway Patrol says Captain Tracy Neill with the DeKalb County Sheriff’s Office requested assistance from Sheriff Clark in arresting Downs in June. Assistance was also requested from the Patrol with field sobriety and breath testing.
Downs allegedly tried to escape from the rear passenger compartment of Neill’s patrol vehicle, pushed open the rear door, and left the scene on foot.
The Patrol reports Neill’s attempts to regain custody of Downs were suspended when she was told Clark was involved in a crash about half of a mile from the scene of the traffic stop from which Downs fled.
Clark was pronounced dead after being transported to Mosaic Life Care in Saint Joseph.