A Jackson, Wyoming, man accused of assaulting another man who wouldn’t have sex with him has agreed to plead guilty to felony assault.
Shane Scott Clary, 38, signed a plea agreement Monday that says he will plead guilty to aggravated assault in exchange for the prosecutor agreeing to argue for no more than a four- to six-year prison term.
Clary in turn can argue for any sentence he would like, including probation, and Teton County District Court Judge Melissa Owens can fashion a sentence for him after hearing both arguments.
If Clary violates any laws, bond terms or court orders while out on bond — as he is now — he’ll nullify his agreement and the prosecutor, Teton County Deputy Attorney Mackenzie Cole, can argue for the maximum 10-year sentence if she wishes, the agreement says.
Clary also agreed not to apply for any sentence or probation term reductions after he’s sentenced.
‘Not Into That’
The case stems from evidence that Clary was out drinking Dec. 22 when he ran into an acquaintance, a 36-year-old Jackson man. The pair went bar hopping together and took an Uber ride to Clary’s apartment, which the other man reportedly thought was a good idea since he lived near there and could walk home.
But then Clary said they should walk to his workplace and drink and hang out more, so they did, according to an evidentiary affidavit filed in the case.
Clary allegedly made a sexual advance toward the other man.
“I’m not into that,” said the other man, according to the affidavit.
Clary’s alleged response was, “Come on, let me.”
The man continued to refuse Clary’s sexual advances, says the document. He next remembered waking up outside in the road with someone hitting and kicking him, dragging him across the road, leaving him against the curb and walking away, reportedly.
The document claims police obtained video footage showing Clary kicking the victim on his body and head as the man lay defenseless on the shop floor in a fetal position.
An Uber driver who reportedly found the victim lying battered in the freezing weather called police.
The man was found to have contusions and a fractured foot, court documents say.
Clair McFarland can be reached at clair@cowboystatedaily.com.
