Russ Clanton admits he did not return Michael Black's money even after his case was dismissed

Russ Clanton was the second witness for the People. While his wife was anxious, his rage at Michael Black was obvious and Clanton even addressed that in his testimony.

Clanton told Deputy District Attorney A.J. Kamada he has been an attorney for 30 years. He "exclusively practices criminal defense."

Clanton said Black was "initially a distant neighbor. I knew of him. " He would not testify about his legal dealings and representing Black unless "privilege was waived."  Twice, Black's attorney, Ms. Andrea Sullivan reminded him that "privilege had been previously waived." It was stated, again in court.

Clanton said that he represented Black twice. "In 2015/2016, on a PC 148 matter, a misdemeanor. A matter he actually hired me for; a matter that was dismissed and rejected by the DA. He paid me$3,200. Later, I don't know the exact date" but Black hired him for a DUI case and Clanton said he would represent him pro bono.

Deputy District Attorney A.J. Kamada showed Clanton aerial maps and photos of his property, the area surrounding his house and had Clanton mark where the treehouse, main residence and Black's propert  was located.

Clanton testified that when the "intruder on the ground turned his head", he recognized it was Black. This was when he told his wife to call 911.

"He'd been threatening to kill me for the past two minutes," said Clanton. He said Black was yelling "maniacally."

"I don't recollect specifically what he said. The bulk of his comments were death was going to come to me at his hands."

"I told him to shut the fuck up and stay on the ground," said Clanton.

Clanton said "one of the ways" Black threatened him "was using firearms to kill me."Clanton said he knew Black owned a number of firearms. He said Black had his left arm under his body, concealing it. I just assumed he had a gun."

Judge Kaleb Cockrum allowed a statement about Black and his business partners,not for the truth of the matter, but to show Clanton's state of mind. Clanton said in a case in which he represented Black that Black had threatened his business partners.

Clanton said that "the threats were non-stop until law enforcement got there." He said Black was "shirtless, didn't have shoes on and he was sweaty."

Clanton said he asked his wife to get his shotgun. "I truly expected to shoot Mr. Black. I was concerned that with just a 22 caliber, I may not be able to stop Mr. Black."

"If he got up, he was going to get shot " said Clanton.

Clanton said that he feared for his life; he feared for his wife's safety.

Clanton said Black showed up to his house "a week earlier. Showed up.on a weekend with a friend and in a matter of fact tone, as if he was going to ask me to use my leaf blower, he said, "Can I fuck your secretary?"

Ms. Andrea Sullivan, Black's attorney objected. Judge Cockrum said the statement about the secretary was stricken from the record and that the jury could not consider it during jury deliberations.

"After deputies left, it was traumatic for me but extraordinarily so for my wife."

"To this day, I consider Mr. Black an absolute threat. I came within a second of shooting him and that is a difficult thing to live with; I am pissed at him for that," said Clanton.

During cross examination, Clanton said the amount paid to him by Black for the initial PC 148 case was $3,500. The fee was not returned, even though the case was dismissed.

Clanton said he did not hear yelling, he heard rap music for a couple of seconds.  He said when he first saw Black, he said, "Get on the ground, motherfucker." He said Black complied. Clanton does not remember what part of Black's body he pointed the 22 caliber at and that he saw something in Black's hand.

Ms. Sullivan: "At any point did Mr. Black tell you he was going to record you with his phone?"

Clanton: "No."

Clanton could not recall if Black mentioned that he had returned from his father's memorial service.

Clanton said that Black stated," If this was Texas, I'd already be dead."

Clanton said he told Black, "If you get up , I will fucking shoot you." That is when Black started threatening to kill him.

"It is 3 a.m., someone is on my property. I live in a pretty dark world."

"And all that was in your head before Mr. Black ever said anything," said Ms. Sullivan. "Is it fair to say that all the negative things you had in your head were there even if Mr. Black had not said anything?"

"That's a complicated question," responded Clanton. Repeating that it was 3 a.m. and that he feared for his safety and his wife's safety, Clanton added, "I'd still be pissed if he hadn't said a word. He pierced our sense of security forever at our house."

A female juror, number 2, had a question. Judge Cockrum asked that question, "After the first time, you saw the flashlight, why did you chose to stay in the treehouse and not return to the main residence?"

"The flashlight was flickering and it was heading out of the property," said Clanton. "At the time, I didn't feel as urgently to call law enforcement. It was a concern; I didn't feel physically threatened."

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