A mistrial was declared on September 12, 2018 when an Alexander County jury was deadlocked 8-4 in favor of Clary’s acquittal. Clary was released after the trial on the $1 million dollar bond he was under prior to the trial. On October 10th, 2018 Clary was returned to jail after testing positive for methamphetamine. A judge revoked his bond citing that random drug testing was part of Clary’s pre-trial release. On November 20th, Clary was allowed another bond hearing. The judge allowed bond but raised it to $1.5 million. On November 29th, Clary’s family posted another $500,000 and Clary has been free since.
Clary’s new trial date is set for February 11th in Alexander County Superior Court. Clary faces a charge of first degree murder and possession of a firearm by a felon. Taylorsville attorney Robert Campbell is serving as counsel for Clary.