Tuesday, January 13, 2004
The man found guilty in a Dream Island shooting incident was sentenced to 90 days in jail and three years of intensive supervised probation Tuesday.
In December, a jury found Russell Marmon, 46, guilty of felony menacing, a conviction that could have brought him two years in prison. The conviction stems from an April 3 incident when Marmon fired two shots in the vicinity of Miller Excavating employees who were working on a river improvement project behind Dream Island Mobile Home Community, where Marmon lives.
On Dec. 11, a jury decided Marmon was guilty of placing Timothy Walker in fear of serious bodily injury by threat of physical action and use of a deadly weapon.
District Judge Michael O'Hara said Marmon narrowly missed serving more prison time.
"The opportunity I have to send the message to the community that such behavior will not be tolerated is terribly important," O'Hara said. "If you had not been drinking Mr. Marmon, I don't think you would have done this. But, it doesn't excuse your behavior."
Marmon's attorney, Tim Oliphant, asked that Marmon receive probation.
Five witnesses testified to Marmon's character. The witnesses said Marmon did not remember the incident, acted out of character, and that he thought a neighbor, who later died of a drug overdose, had drugged him.
"It is one way to explain something that -- at least for my client and his wife and neighbors -- is unexplainable," Oliphant said.
Assistant district attorney Kerry St. James argued to give Marmon the full two-year prison sentence, calling the case a significant event in 2003 that should come with a punishment that would send a message to the community.
"This is a defendant who does not accept responsibility," St. James said.
Steamboat Springs police Detective Bob DeValle said Marmon did not tell the police he had blacked out or that he thought he had been drugged. DeValle said the police didn't have a chance to question the man who Marmon thought had drugged him.
"This is very convenient to bring up now before sentencing," DeValle said.
O'Hara said Marmon had the potential to severely harm two or more people, but he ruled on a lesser sentence because of Marmon's past record and the testimony he heard during the trial and sentencing hearing.
In the December trial, the cornerstone of the defense's argument was taken away in the second day when O'Hara ruled that Oliphant could not submit testimony that could prove involuntary intoxication. Oliphant had hoped to argue that Marmon had been drugged by Rohypnol, also known as the date rape drug, the night before the April 3 incident and that Marmon had no recollection of the shooting and was acting out of character.
O'Hara said that the evidence that was being presented to try to prove involuntary intoxication was speculative.
"I am sorry this ever happened," Marmon told O'Hara at his sentencing. "I wish I could remember it. If I could remember it, I probably wouldn't have done it."
Marmon will spend his jail time at the Routt County Jail. He already has served 35 of the 90 days to which he was sentenced.
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