James Edward Marshall IV, 33, a defense attorney from Alamosa, has been transferred to a halfway house, having been incarcerated in state prison since December 2021, according to court records.
As reported by The Post Millennial, Marshall was initially apprehended on a slew of charges, including attempted murder, assault, reckless endangerment, felony menacing, criminal mischief, illegal discharge of a firearm, and prohibited use of weapons. However, a controversial plea deal offered by the then Alamosa District Attorney Alonzo Payne, who has since been disbarred, saw all violent charges dropped. Marshall pleaded guilty to a single charge of tampering with a deceased body.
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The incident in question occurred on June 5, 2020, when Marshall, armed with a 9mm Glock, shot Danny Pruitt, a disabled veteran, in the head while Pruitt was in his vehicle at an intersection near a BLM protest in Alamosa. The bullet struck Pruitt from behind, causing critical injuries that necessitated a 17-day induced coma, as reported by the Conjeos County Citizen.
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Marshall justified his actions by claiming self-defense, stating that he was protecting his wife, Mariah. However, authorities found that Pruitt posed no threat to the protesters. The shooting left Pruitt with permanent brain damage, forcing him to relearn basic activities such as standing, showering, and brushing his teeth. He also struggles with short-term memory loss, speech, cognitive functioning, and mood regulation.
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The plea deal, which proposed that Marshall plead guilty to tampering with a deceased human body in exchange for dropping all violent charges, ignited significant controversy. This offense, a third-degree felony, does not warrant a sentence enhancement associated with violent charges. The court was compelled to consider a "waiver of factual basis" in the charges, as the agreement failed to acknowledge the use of a deadly weapon or that Pruitt survived the shooting.
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Matthew Beresky, an attorney with the Rocky Mountain Victim Rights Center, vehemently opposed the plea deal in court. He argued that it "offends the very concept of justice and does not reflect the nature of the crime or its effect." Beresky further asserted that allowing "James Marshall to plead guilty to abuse of a corpse disregards the fact that Mr. Pruitt is a living human being," thereby denying Pruitt his rights.
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The plea agreement's fallout led to the disbarment of DA Payne in 2022, who is alleged to have connections to George Soros. Denver 7 reported that Payne was found guilty of violating the Colorado Crime Victim Rights Act for failing to communicate with judges, defense attorneys, and victims. He also dismissed cases at the last minute and was unsuccessful in obtaining convictions in the cases he attempted to prosecute.
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Payne admitted prior to his disbarment that he had neglected the treatment of crime victims, his office was dismissive towards them and others, and he lacked the competence to manage complex cases. This case serves as a stark reminder of the importance of upholding justice and the rights of victims, even amidst the complexities of societal and political tensions.
