As ARLnow.com first reported yesterday, a suspect in the case, Roger K. Clark III, has pleaded guilty to first degree murder in the case. In a statement of facts entered as part of the guilty plea, prosecutors say robbery was the motive behind the murder — and that Clark wasn’t the only perpetrator.
According to the statement, Clark and his cousin, Javon Martin — then 20 and 24 years of age, respectively — were driving around Arlington County early on the morning of Dec. 29, 2009 looking for someone to rob. They encountered Diener, 57, near the intersection of N. 13th Street and N. Hudson Street, three blocks from the Clarendon Metro station. It was around 3:00 a.m. and Diener was on his way to a part-time job at a local health club, police said at the time.
During the robbery, prosecutors say, Clark punched Diener and then Martin stabbed him in the chest with a knife. Diener was later found lying on the street by a passerby who called police. Medics arrived on the scene and pronounced him dead. According to the statement of facts, Diener bled to death as a result of the stab wound, which severed two major arteries.
Clark’s DNA was found in several places, according to the statement, including on Diener’s palm and in his pants pocket, where Clark had looked for something to steal following the stabbing. In the end, Clark and Martin made off with Diener’s shoulder bag, according to prosecutors.
Clark’s plea was accepted yesterday afternoon by Circuit Court Judge Joanne F. Alper. He’s scheduled to be sentenced on April 27. As part of his plea deal, prosecutors agreed not to seek more than 25 years in prison.
Martin was arrested in June, two days after Clark was arrested, but ultimately prosecutors decided not to pursue the first degree murder charges against him at the time. The charges were dropped in October, according to court records. Martin is not currently in custody, according to Arlington County Commonwealth’s Attorney Theo Stamos, who declined to comment further.
Carl Diener’s sister, Patti Diener Lough, said Clark’s guilty plea is comforting to her family.
“Nothing — not even this guilty plea — can ever bring Carl back to his family and remarkable network of friends and colleagues from so many aspects of his life,” Diener Lough told ARLnow.com via email. “But we are immensely comforted to know that a murderer is in custody and will not be able to hurt another person or family like he shattered ours.”