A Lancaster man serving decades in prison for opening fire at a city bar – killing a bystander – was recently denied a request for a new trial.

Lancaster County Judge Merrill Spahn denied Lamar Clark’s claims that an “ineffective” trial lawyer led to a guilty verdict to third-degree murder and related charges.

Clark was sentenced to 38½ to 81 years for the 2014 shooting at Shenk’s Café on East Chestnut Street.

Clark, now 33, fired five shots, killing 54-year-old Barry Diffenderfer and wounding a man and a woman.

In his post-conviction motion, Clark argued a number of things, all of which Judge Spahn found to be without merit.

Clark argued:

His trial attorney did not properly prepare or question defense witness, Joshua Welsh.

Welsh, who was at Shenk’s, testified to several things that contradicted other witnesses inside the bar. Assistant District Attorney Mark Fetterman discredited Welsh’s testimony in cross-examination and closing argument.

His trial attorney should have asked that the jury consider an involuntary manslaughter conviction.

Clark’s trial lawyer claimed such an instruction did not fit the defense strategy: that Clark opened fire in self-defense.

He should have been able to testify at trial.

Clark’s trial lawyer claimed he advised Clark not to testify because cross-examination would have revealed Clark smoked PCP on the day of the shooting.

Assistant District Attorney Gregory Seiders represented the Commonwealth in the post-conviction motion.

- Clark was involved in another inmate’s appeal that also was recently denied by a Lancaster County Judge.

Clark provided a signed affidavit saying it was he who shot a man in Lancaster city in 2003 – not his friend, Kalvin McCollough, who was convicted and is serving decades for the crimes.

Clark and McCullough believed – mistakenly - that if the attempted murder charge fell on Clark the statute of limitations would have expired by now and neither man could be sentenced for the crime.

A Lancaster County Judge rejected McCullough’s request, finding his claim “at worst, may amount to perjury.”

McCullough is serving 38 to 76 years.

MEDIA CONTACT: Brett A. Hambright, 717-295-2041; bhambright@co.lancaster.pa.us; Twitter: @BrettHambright