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CLARK v. STATE1/30/1998
Larry G. Clark was convicted of two counts of attempted kidnapping, AS
11.41.300(a)(1)(C) and AS 11.31.100(a), two counts of attempted sexual abuse of a minor in the second degree, AS 11.41.436(a)(2) and AS 11.31.100(a), one count of assault in the first degree, AS 11.41.200(a)(1), one count of failure to render assistance, AS 28.35.060(a) & (c), and one count of driving while intoxicated, AS 28.35.030(a)(1) & (2). Clark received a composite sentence of eleven years and thirty-two days to serve. Clark appeals his conviction and part of his sentence on various grounds.
On September 14, 1995, A.G. and S.G., sisters who were thirteen and eleven years old respectively, were walking home from school along Lathrop Street in Fairbanks. Clark waved to them as he drove by in his truck. A.G. thought Clark was a friend of her father's and waved back. Clark drove around the block and pulled over to the curb as the girls approached. When Clark was a little more than an arms-length away from the girls, he motioned for them to get in his truck saying, "Come on, jump in the truck."
The girls did not stop. Clark backed up his truck, to keep pace with the girls, and again solicited them to get in the truck. A.G. and S.G. became frightened and ran for home. Clark did an immediate U-turn and pursued them.
The girls ran between houses in the neighborhood. They arrived at their home moments before Clark pulled up in front of their house.
Both girls were in tears and out of breath when they were met by their father, B.G., at the front door. He noticed Clark's truck by the sidewalk. Clark drove away while A.G. and S.G. described Clark's actions to their father.
Two other drivers in the area were concerned with Clark's actions because the girls appeared to have been frightened by him. Mary Loesche called 911 and provided the police with a description of Clark's vehicle and its registration number. Joseph Washington, who saw the girls running from Clark's truck, went to the girls' house and assisted B.G. in his efforts to locate Clark's truck.
B.G., who had a hunting rifle with him, found Clark sitting in his truck at a nearby apartment complex. B.G. attempted to detain Clark, at one point retrieving his rifle from his vehicle, while one of his daughters called the police. However, Clark fled in his truck. B.G.'s attempted pursuit was unsuccessful.
Clark returned to the area and fled again when he saw B.G. and Washington in their vehicles. Clark drove away at very high speeds, followed by B.G. Clark eventually crashed into the side of a taxi when he ran a stop sign.
The taxi driver, Larry Metts, was severely injured with fractured ribs and respiratory problems associated with the trauma, and briefly lost consciousness. Clark did not remain at the scene of the accident.
Officer Ron Bowers, who was responding to the call for help from one of the girls and heard the report on his radio of the hit and run accident, saw Clark driving in his damaged pickup and stopped him. Clark was intoxicated. Clark was arrested.
The Trial Testimony of P.P., D.R., and R.C.
At trial, Judge Ralph R. Beistline allowed the testimony of three women, P.P., D.R., and R.C., as relevant evidence on the issue of Clark's intent.
According to P.P.'s testimony, she met Clark at a lounge, the Lamplighter, in Sequim, Washington, on the afternoon of January 1, 1989. At Clark's suggestion, they left in Clark's truck. They stopped in the parking lot of a nearby marina where they both ingested cocaine and Clark drank beer. They went to another bar where they each drank more. After leaving
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