After nearly three hours of emotional testimony in a courtroom filled with dozens of state troopers, Judge Stephen Baratta ordered Daniel Clary to spend 53 ½ to 110 years in prison for trying to kill state police Cpl. Seth Kelly and Trooper Ryan Seiple during a Nov. 7 gunfight in Plainfield Township.
Again and again, Baratta referred to a dramatic dashboard camera that recorded the entire shooting that nearly cost Kelly his life as he bled from a gunshot wound that severed his femoral artery and put him in a coma for 12 days. Baratta rejected Clary’s claim that he was in fear for his life after Seiple pulled him over along Route 33, noting that Clary’s actions in the video showed he intended to disarm the troopers and try to kill them.
“What about that video made you believe that he could reasonably tell us he was in fear for his life?” Baratta asked Clary’s attorney, Janet Jackson. “He kept trying to power through everyone because he wanted to get their gun. It blew up to where he wanted to shoot those police officers.”
After the hearing, First Deputy District Attorney Terence Houck said the sentence sent a message, noting that it comes at a time when law enforcement officers face not only added scrutiny by the public, but attacks from criminals.
“It was real important that this conduct get recognized for the severity and brutality that it is,” Houck said.
Both Kelly and Seiple declined to comment after the sentencing. Members of Clary’s family also declined.
So many people came to the hearing that officials moved it to a larger courtroom.
The large crowd sat silently, riveted by Kelly’s first public words about his grievous wounds and lengthy recovery. Kelly said he lost 12 days of his life to a coma after suffering multiple gunshot wounds, cracked ribs after doctors opened his chest to massage his heart and the near-failure of his kidneys and liver.
He said he remembered nothing of the gunfight.
“I remember my aunt cleaning my fingernails, which were covered in blood, and I didn’t know if the blood was mine or the blood of the person who did this to me,” Kelly testified.
As he floated in and out of a coma, Kelly said he suffered nonstop nightmares that made him feel like he was “in hell being tortured and attacked.” Kelly recalled seeing a cup of coffee and longing to drink it, but couldn’t because he had to learn again how to swallow — and to talk, and to walk.
His back turned to Clary, Kelly said he hoped Clary would never be released from prison to keep Kelly, his community and law enforcement officers safe.
“I want you to constantly think every day while you are incarcerated that this sentence was the result of one person and only one person — you,” Kelly said.
Seiple, who did not get shot during the gun battle, painted a picture of how quickly the violence unfolded that day. As the video showed, seconds after the troopers gave Clary a sobriety test, the three were grappling on the ground. Seiple said Clary tried to grab their handguns and continued fighting the troopers even after he was repeatedly shocked with stun guns.
Seiple said Clary was able to dislodge the ammunition magazine of Seiple’s gun.
Both Clary and Seiple fired at the same time and Seiple said it was then that he realized his gun was empty.
“The most helpless feeling a police officer has is having an empty gun, being exposed, and in the middle of a firefight,” Seiple said. “It’s as though you are watching yourself die and you cannot do anything to stop it.”
For days, Seiple said, he visited Kelly in the hospital, watching him and praying. He said when he learned Kelly had recovered enough to drink a cup of coffee, he knew Kelly would live.
At one point, Seiple turned to face Clary, who according to authorities has shown little remorse for his crimes.
“Convict, I want you to know that your actions on Nov. 7, 2017, were a disgrace to mankind,” Seiple said. “Yes, you tried to murder us, but we were not willing to die.”
Jackson, Clary’s attorney, made her plea for Clary to receive a lighter sentence, noting he suffers from mental health issues that seemed to emerge after a beating by gang members that turned the once-promising student and star athlete into a man who became “weird and slow.”
Clary’s uncle, who shares the same name as his nephew, said after the gang beating his nephew was “never the same person again.”
“You couldn’t touch him. You couldn’t walk up on him. You had to repeat things over and over because he didn’t understand,” the elder Clary testified. “He always thought someone was out to hurt him.”
He said after watching the video of the attack, he could see why his nephew thought he was being attacked by the troopers.
“Everybody is passing judgment on him, but he is not an evil kid,” Clary said as his nephew looked on.
But she said Clary suffered from mental health issues that included anxiety and paranoia. She said she believed those were at play when he opened fire on the troopers.
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A.U.N.
I don't see how that guy drove away after that many shots were put into the driver's area of his car. All I can figure is the officer put them all too high so they most likely ended up in the back of that semi that was stopped in front of him.
I thought for sure the way that one officer dropped that he was KO'd, but then he started shooting again and was like, damn he was KO'd.
1:01 hahahahaha
Usual suspect.
This is very old
Wrong move brilliant guy!
The fastest way to get shot by professional Marksmen!
Good Work Officers!
2021 839 MURDERS IN CHICAGO 736 WERE BALCK ON BLACK MURDERS. NOT EVEIL? PRETTY MUCH HAPPENS CAUSE BABY FACTORY HAS KID (DAD NOT NEEDED CAUSE MO MONEY FROM UNCLE SAM) BABY SITTER RAISES KID. BABY FACTORY HAS A FEW MORE (MO MONEY) AGAIN NO DAD NEEDED. THE KIDS TURNS 17 BABY FACTORY HAS LESS AND LESS TO DO WITH HIM( MO MONEY ABOUT TO RUN OUT KID NOT NEEDED ANYMORE) KID HOOKS UP WITH GANG AND STARTS ALL OVER AGAIN. G.D. LOVE
Cops lacked training it’s like they thought it was a simulation lol
It's good that the perp basically got a life sentence, it's actually unfortunate that he survived.
Yea, but needs to be scene is how many times do they look left. Why? Because the number two lane kills people. Both do, their only concern was getting the perp out of traffic! We all care, know mattter what the media tells people we care about everyone! Imagine we care about others sooooooooo much we jeopardize our own safety. I’m only .43 into the video, but it sounds like the perp gets away. My question to all is this, why, why fight? So many F-Ing we see the same thing at times. Pull over, take your tickets and deals with in court. Instead you chose to run jeopardizing others! At this point, you chose to run not me, you!…… not only have you destroyed your car, your life, and now you are going to jail, maybe prison! Stop acting like a two year old and take your punishment. For those that want to pray to God for help, there’s two realms of justice, God’s laws vs Man’s law, so by breaking God’s laws, you have just broken man’s law. Grow up or we take your car. Yes even the dodge chargers, Camero’s so remember my words. You may be able to outrun my car, but our radios are way faster than your POS car!… Take the ticket and deal with it in court clown’s. I just saved you thousands of dollars!….. I’ve seen all kinds of types run from the law, every thing you do has felony fleeing all over it! Save yourself thousands by keeping your car safe, keeping you safe, and last, your not jeopardizing others which are felony charges!… remember what I said, pull over and accept the tickets A-hole!…..