A Richmond County judge sentenced former Deputy Jailer Joseph Clarke to 15 years in prison for sex crimes committed against a public defender’s office investigator at the jail.
The sentence followed a guilty plea on Monday, with the judge imposing the maximum allowed under the plea agreement.
Family members and Clarke’s defense attorney described the sentence as harsh, noting Clarke’s lack of a prior criminal record, the absence of substantial evidence, and his willingness to avoid a trial through the plea deal.
But the 30-year-old defendant pleaded guilty to sexual battery and attempted aggravated sodomy against the assistant public defender in an interview room of the Charles B. Webster Detention Center in June 2023. He also pleaded guilty to false imprisonment and violating his oath. Superior Court Judge John Flythe imposed the maximum sentence.
According to indictments, Clarke exposed his penis to the victim, grabbed at her clothing, and made statements requesting oral sex. He also “confined and detained” the victim and rubbed and grabbed her vaginal area and buttocks without her consent.
Prosecutors had informed Clarke’s defense team of testimony from two women of sexual batteries or unwanted sexual contact by Clarke when he worked at Fort Gordon.
When he was arrested, Clarke had been with the sheriff’s office for three years and was a finalist for Detention Center Employee of the Year in 2021. He was arrested last summer after the investigator came forward with the allegations, and he had been in jail without bond ever since.
A family member of Clarke’s expressed frustration with this week’s sentence.
“That is harsh considering he was a fine officer. This is crazy,” said the woman, who requested to remain anonymous.
District Attorney Jared Williams said no one is above the law and no one is beneath the law’s protection.
“This case involved a sworn law enforcement officer who attempted a sexual assault on a woman at the jail,” he said. “The defendant pled guilty because he is guilty, and we respect the judge’s sentence. If you do not want to go to prison for sex crimes, don’t commit sex crimes.”
But Clarke’s defense attorney, Serge Jerome Jr. of Atlanta, told The Jail Report that he negotiated a plea deal with prosecutors that capped the possible sentence at 15 years, though they had hoped for 10 years or less.
“Joe had some reservations about taking the plea, but I assured him the judge would be reasonable, because Joe did not want to admit to something he didn’t do,” Jerome said.
Clarke contends that he did not restrict the assistant public defender’s freedom and had flirted with her because they had a prior relationship, as evidenced by their text messages.
“He had no record. He was a correctional officer,” Jerome said.
The defense attorney also argued that the case should have been moved to another venue, but Judge Flythe did not permit this. Jerome felt disadvantaged as an out-of-town attorney unfamiliar with the local judge.
“The best attorney is the one who knows the judge. In this case, it was the victim who knew the judge. It seems like what he did was a favor to her,” Jerome said. “I think there was some pressure on him (the judge).”
Jerome noted that going to trial could have resulted in a possible sentence of 46 years.
“He got 15 out of 46,” he said. “It’s unfortunate. There was no injury to anyone, no violence toward the alleged victim. There was a prior relationship between them, and the victim was not forthcoming until her phone was confiscated.”
Jerome added that the victim initially described Clarke as a stranger, but later admitted to communicating with him through social media and Snapchat.
“He was essentially saying they had a relationship. He said there wasn’t false imprisonment. This was someone who could come and go freely. And there wasn’t an attempt at aggravated sodomy. He didn’t try to force her to do anything,” Jerome said.
“At most, there was an inquiry. I will put it like that.”
Jerome described Clarke’s version of events as credible, saying, “He was just trying to mess around with her in the little room, something he said they had done before.”
In conclusion, Jerome felt the plea deal was a setup.
“They made an example of Joe. That is my honest opinion,” he said. “Even if he did everything they said he did, that sentence was not justified. That is taking away a quarter of someone’s life.”
Clarke’s sentence includes credit for time served and will be followed by 15 years of probation upon release.
