Clark sentenced to 30 years in party shooting death

Xavier Alexander Clark of Havre was sentenced this weeks to 30 years in prison for the shooting death of Dyllan Murray at a party in Havre Oct. 17, 2021, with the judge imposing a longer sentence than recommended in a plea agreement signed by Clark.

District Judge Kaydee Snipes Ruiz sentenced Clark, 23 at the time of the incident, to 50 years in prison with 20 suspended on the charge of deliberate homicide. The recommended sentence was 40 years with 20 suspended.

Snipes Ruiz followed the recommendation in the plea agreement to make Clark ineligible for parole for 10 years, and required him to register as a violent offender and prohibited him from owning or carrying a dangerous weapon. She credited Clark with 520 days for time served.

When Clark pleaded guilty Jan. 5, Snipes Ruiz dropped two felony counts of attempted assault with a weapon as recommended by the plea agreement.

In her reasons for decision, Snipes Ruiz said the court believes Clark has not fully grasped the gravity of his actions and the life-long impact it will have on the victim's family and the Havre Community.

The lengthier sentence imposed, including the parole restriction agreed to by the Defendant, is necessary and reasonably related to the objectives of rehabilitation and the protection of society," she wrote.

According to court documents, a caller reported at about 1:57 a.m. Oct. 17, 2021, that a gun had been fired at the Saddle Butte Drive residence and a man had been shot and was unresponsive, not moving and bleeding from his head.

An officer arriving at the residence saw two men outside, one of them Clark.

On entering the residence, the document said, the officer saw Murray deceased in the living room, and he saw an AR-15 rifle propped up against a couch several feet from Murray.

Clark initially told officers at the residence he did not know someone had chambered a round into his AR-15 and was pointing it at the door when someone came in, and he had tilted the gun forward, and it went off.

Later, during an interview at the Havre Police Department, Clark told investigating officers that a person at the residence had his AR-15 with him and asked Clark to go get his AR-15.

He said after he came back to the Saddle Butte Drive location, he cleared the rifle and took out the magazine, placing it in his back pocket, then later put the magazine back in. He said he was pointing it at the door when Murray walked in, and he set the rifle down. The rifle discharged when he set the butt against the ground harder than he should have and it went off, striking Murray.

Two witnesses who were at the party told the investigating officer that Clark had pointed the rifle directly at them, including at their chest. A witness said that, at one point, Clark had pulled the trigger while the rifle was pointed at one of the witnesses but it did not discharge a round.

Clark was charged Oct. 21, 2021, with felony negligent homicide with a dangerous weapon and two felony counts of assault with a weapon.

The charges were amended Feb. 24, 2022, to felony deliberate homicide, committing the offense of attempted assault with a weapon by attempting to cause fear of a serious injury and, in the course of committing that offense, caused the death of Dyllan Murray, and the two felony counts of attempted assault with a weapon against two others at the residence.

Snipes Ruiz wote in her reasons for decision that investigation and witnesses show his initial claim of an accidental shooting are not true.

"While significantly intoxicated, Defendant brought out an assault rifle at a social gathering, pointed his assault rifle at multiple friends, including Dyllan Murray's head and purposely and knowingly attempted to cause reasonable apprehension of serious bodily injury to them all," she wrote. "Though Defendant was told by numerous individuals to put the gun away, he chose not to. During the course of Defendant's actions, the firearm discharged, and Dyllan Murray was killed. Defendant's rifle was found to be fully functional, having no deficiencies in its trigger mechanism or safety features. The Defendant's conduct was not an accident."

"The Defendant must be held accountable for his actions, and the District Court finds reason to upwardly deviate from the terms of the parties' plea agreement," she continued. "The Court takes into consideration the Defendant's age, lack of criminal history, and willingness to take responsibility for this matter.

"However," Snipes Ruiz wrote, "the Court takes into consideration the testimony of (the investigating police officer) and the victim impact statements provided both in writing and in open Court.

"The Court also questions Defendant's maturity, human empathy, and future appropriateness for community supervision," she wrote, referring to the presentence investigation and Clark's handwritten comments in response to victim impact statements.