NEW : Clark 's attorney fought to have the case transferred to federal court , saying Clark was acting as a federal agent and deserved federal protections . ATF deputy director says the agency stands by Clark . Clark , a 9-year veteran of the ATF , is charged with second-degree murder . His prosecution has prompted ATF to remove all agents from the Virgin Islands . The FBI and U.S. Attorney's Office in Washington are investigating whether he was involved in any illegal activity on the island or elsewhere. ; Clark shot him five times .
NEW : ATF deputy director says the agency stands by Clark . Clark , a 9-year veteran of the ATF , is charged with second-degree murder . His prosecution has prompted ATF to remove all agents from the Virgin Islands . The FBI and U.S. Attorney's Office in Washington are investigating whether he was involved in any illegal activity on the island or elsewhere. ; Clark shot him five times .