ST. GEORGE — More than four years after a man was shot to death in Apple Valley, the defendant, who allegedly confessed to the shooting in 2019, entered a “no contest” plea.

A pretrial hearing on the case was scheduled to take place at the 5th District Court on April 11, less than four days before the start of the trial. But instead of a review, defendant Jason Howard Clinger, 56, of Apple Valley, entered a plea of “no contest” to first-degree murder. The remaining charges were dismissed. 

The hearing was held before District Judge Keith C. Barnes. Prosecutor Zachary Weiland represented the state, and Clinger was represented by defense attorney Ryan Stout. 

According to the statement supporting the “no contest” plea, the defendant agreed that his conduct provided the basis for the charges and accepted the conviction but was not admitting to the crime.

The incident 

On Oct. 8, 2019, Clinger was arrested in the shooting death of Todd Stratton, 50, of Rockville.

Emergency dispatchers were first notified the afternoon of the incident, but the caller declined to give any information beyond a location, according to a news release issued by former Washington County Sheriff’s Lt. David Crouse.

Deputies arrived at the Plataclay Mine in Apple Valley to find Stratton dead from what appeared to be at least one gunshot wound.

Investigators later learned that Clinger and Stratton had known each other since grade school and the pair had entered into a civil contract regarding property owned by Stratton, who was allowing Clinger to complete work in exchange for the property.

For years, the pair had disagreed on whether Clinger had been providing the services they agreed upon, which ultimately culminated in a heated argument that escalated. A physical altercation ensued, during which Clinger retreated into a house on the property and retrieved a firearm before returning outside.

On the day of the incident, Clinger reportedly told officers he shot the victim during an altercation, and he was arrested and booked into jail on $100,000 bail. He was released shortly after posting a bond.

Pretrial freedom short-lived 

Two months later, the state presented evidence during a bail review hearing that included a 20-minute video of the confrontation and alleged murder, recorded by Stratton.

The state asked that Clinger be placed back into custody while he awaited trial, and the court agreed.   

Video destroys self-defense claim 

During an interview with police, the defendant initially said the shooting was in self-defense after he was struck by Stratton. He said he did not remember retrieving the shotgun and was surprised when he pulled the trigger. 

According to authorities, Clinger provided his “self-defense narrative” before the defendant became aware that the killing was captured on video. 

The footage shows the victim walking toward his truck and opening the door, which is when Clinger is heard saying, “It’s over for you.” As soon as the victim turns, the sound of a gunshot rings out and the phone drops to the ground facedown, but continues to record audio. 

Stratton can be heard begging for his life and asking for an ambulance, while the defendant is heard saying, “This is what happens when you threaten to throw someone out of their home. You should expect this.” Another gunshot can be heard, which reportedly was Clinger shooting the victim in the leg. 

Competency evaluation and insanity defense 

According to a memorandum filed April 2 by the state in preparation for the trial, two possible defenses were listed: mitigate the punishment by providing a legal justification for the defendant’s conduct or claim an insanity defense based on a delusional state.

In January 2020, one month after he was rearrested, the defendant’s attorney requested an evaluation to determine if his client was competent to stand trial. The evaluation was completed the following month and filed with the court in February 2020.

The examination was performed by Dr. Steve Hicks who submitted a 48-page report that concluded Clinger was competent to stand trial.

The evaluation, combined with the video that captured the shooting, did not support the defendant’s claim that he shot the victim as a result of extreme emotional distress, since pushing and shoving did not justify someone being killed.

Moreover, a 20-minute conversation preceded the killing, which eliminated the emotional distress defense. Rather than being “under a delusion,” the evaluation indicated the defendant was “actually very perceptive about what was happening.”  

The final analysis found that at the time of the shooting, Clinger’s primary concern had to do with being evicted. He was also angry about the way he thought Stratton was treating him and upset that “the victim was wealthy and he was not,” the report states.

In short, the report concluded that Clinger “clearly knew that he was killing a person.” 

Justice delayed is justice denied

Multiple trials were scheduled and canceled, the first of which was expected to begin on Jan. 20, 2020, roughly four months after the shooting. During a pretrial hearing about a week before the trial, Edward Flint, Clinger’s defense attorney at the time, filed a petition asking the court for a competency hearing, which required the evaluation to determine if the defendant was competent to stand trial.

What followed was a series of continuances, review hearings and changes in judges and defense attorneys until February 2021, when a second evaluation was ordered by the defense. It took seven more months for that evaluation to be reviewed in court, and by then, Clinger had a different defense attorney and the state had a change in prosecutors.

The findings of the second evaluation were similar to the first and found Clinger to be competent to stand trial, and a three-day jury trial was scheduled to begin Oct. 3, 2022. The proceedings would be covered remotely since all in-person proceedings were suspended due to the COVID-19 pandemic.

Two more jury trials were scheduled and canceled,  with the most recent scheduled to begin in the middle of April.

Plea and sentencing 

During the hearing held last week, the defendant stood before the judge and entered his plea. The victim’s family filled several rows of the gallery, having waited more than 1,600 days since the victim was killed, to have their day in court.

A sentencing hearing is scheduled for June 13. The judge also ordered a presentence report to be completed before the hearing.

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