OSHKOSH, WI (WTAQ-WLUK) — Charges were dropped Tuesday against a witness to a double murder, who had been accused of helping the murderer.
Andrew Clark allegedly shot and killed his wife, Melissa Clark, and another man, Lavar Wallace, at an Omro home on Oct. 21, 2020. Clark is scheduled to stand trial starting Monday.
Michael Draine, who was also at the home during the shootings, had been charged with one count of aiding a felon.
Draine told police he and Wallace were in a room together when they heard gunshots, then discovered Clark holding the gun and his wife dead. Subsequently, Clark allegedly shot and killed Wallace.
Draine then allegedly helped Clark try to cover up the murders by dousing her body with gasoline. Draine said Clark gave him some money and items to dispose of. Based on Draine’s description, police found a gun matching the size of shell casings from the scene, case and drugs, according to the criminal complaint.
Since the charges have been filed, however, prosecutors say additional investigation led to the determination Draine should not be prosecuted.
“Significantly more is now known about the facts underlying this case, when compared to what was known at the time of charging. Over time, the State has assessed the credibility of Mr. Draine’s version of events, and based on the statements of Mr. Draine, witness Aaron Phillips-Linton, the Defendant, and analyses conducted by the Wisconsin State Crime Laboratory, the State has found that Mr. Draine’s version of events is credible. Mr. Draine now presents as much more of a mere witness to these crimes, rather than a person who should be prosecuted. Significant portions of his statement, even part that prosecutors were very skeptical of early on, have been corroborated by the other sources referred to above. Accordingly, the State has concluded that this matter should be dismissed, and further prosecution of this charge is not appropriate,” wrote Deputy District Attorney Eric Sparr, in a motion to the court.
Court records show Judge Daniel Bissett’s order dismissing the charge was filed today.
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