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Clark charged in federal court in last week's Redby fatal assault

Donald Leigh Clark Jr., 22, of Redby, was charged by federal complaint Friday, Nov. 5, with one count of being a felon in possession of a firearm.

Ralph S. Boelter, Special Agent in Charge of the Minneapolis FBI Field Office, announced Tuesday morning that the charge stems from a shooting that occurred in Redby the afternoon of Nov. 3. In that shooting, Julian Keith DeMarrias, 22, of Redby, was fatally wounded. He died later that day at Indian Health Services Hospital. His funeral was held Monday.

Jerrick Jon DeMarrias and Orland James Spears, both 19, were wounded and transported to Sanford Health in Fargo, N.D., and North Country Regional Hospital, respectively, for treatment of gunshot wounds suffered in the shootout. The conditions are unavailable for brothers Jerrick DeMarrias and Orland Spears.

According to the FBI report: Clark's whereabouts are currently unknown, and the FBI and the Red Lake Police Department are attempting to locate Clark to arrest him. Clark is described as an American Indian male about 5-feet-10-inches tall and weighing about 225 pounds. He has brown eyes, short black hair and a thin mustache. He was last seen leaving the area of the shooting in a black 1998 GMC Yukon, Red Lake license plate 19287. Clark is considered to be armed and dangerous and the public should exercise extreme caution around him if he is observed. Anyone with information about where Clark may be located is asked to call the FBI at 612-376-3200.

Before succumbing to his injuries, Julian DeMarrias told Red Lake police officers who responded to the shooting that he had been shot by Clark. FBI agents subsequently interviewed Jerrick DeMarrias and Orland Spears at their respective hospitals.

Jerrick DeMarrias told the FBI that he was riding in a vehicle with Julian DeMarrias and Spears, and they had a .22 caliber rifle, a .303 British caliber rifle and a 410 shotgun in their vehicle because he planned to go hunting later that day. He said the vehicle he was riding in was passed by a black Yukon SUV occupied by Clark and Cruze White. The black SUV followed DeMarrias' vehicle, and at stop sign, Clark and White got out of their vehicle while Jerrick and Julian DeMarrias got out of their vehicle. Spears stayed inside that vehicle. Jerrick DeMarrias said that Clark began shooting an "AR-15" rifle, and that DeMarrias was shot six times. Clark also shot Julian DeMarrias, whom Jerrick DeMarrias saw lying on the ground.

Spears told the FBI that he was in a parked vehicle with Julian and Jerrick DeMarrias outside the Other Store in Redby when they observed Clark, also known as Don Juan, and White in a vehicle. Julian and Jerrick DeMarrias and Spears all gestured for Clark and White to follow them in their vehicle, which they did. Spears said he and the others in his vehicle were in possession of firearms, and it was their intention to shoot Clark and White so that they would be taken away "on a helicopter ride" to a hospital. The men drove a short distance to the site of the shooting, where Spears and the others in his vehicle got out of the vehicle. Spears said he did not have a gun when he got out of the vehicle. Clark got out of the vehicle he was driving and began shooting with an "AK" assault rifle. Spears did not see White get out of the other vehicle. Spears heard gunshots and heard his friends screaming. Spears got back into his vehicle and was shot three times in his back while seated in the vehicle.

A witness to the shooting observed a blue Durango being followed by a black SUV. Both vehicles slammed on their brakes with the black SUV stopping about 100 feet behind the Durango. The witness recognized Julian DeMarrias as he got out of the blue Durango with a rifle or long gun and pointed it at the black SUV. Two men got out of the black SUV, and the first shot appeared to have come from those men. The man who exited the driver's side had a handgun, and although the witness did not see the other man's gun, it sounded like a high-powered rifle. The witness saw Julian DeMarrias fall with his weapon. The witness then saw the occupants of the black SUV get back into their vehicle and drive away to the east. The witness then went to call 911.

Clark has a history of drug violations and drunk driving in Beltrami County, according to state court records.

In December, he was sentenced to 30 days in jail in Bemidji for a misdemeanor charge of marijuana possession and accompanying driving violations and fleeing a police officer.

The case stemmed from April 2009 when he fled deputies across the boundary of the reservation and was arrested later that day.

He also was put on probation in the December sentencing for four years and fined about $1,000, with about half of it stayed.

Clark had lost his driving privileges in 2005.

In August, a warrant was issued for Clark for violating probation on the 2009 charges.