Six-person jury has convicted a Summerland Key man

A six-person jury has convicted a Summerland Key man of battery on a person age 65 or older.

James Marshall, 50, faces up to five years in state prison and a fine up to $5,000 when he is sentenced, tentatively scheduled for January 24. Assistant state attorneys Kelly Dugan and Glenn Hasson represented the state in the trial presided over by Acting Monroe County Circuit Court Judge Ruth Becker. The jury reached its verdict in about an hour on December 10 after a day-long trial.

According to a Monroe County Sheriff’s Office arrest report and evidence presented at trial, on August 8, 2017, Marshall was at the Marathon Community Health Center and verbally abusing the staff. A 65-year-old man at the clinic told Marshall to leave before things escalated and walked Marshall to the front door.

At that point, Marshall dropped his skateboard and “swung with his fist towards [the victim’s] head,” striking the back of it, Sheriff’s Office Deputy Jose Hernandez wrote in his report. Marshall then picked up his skateboard and left.

A witness at the clinic told deputies she saw Marshall strike the man and that Marshall and the victim exchanged words after the punch. She also told Hernandez she had seen Marshall in the past in the Lower Keys.

On October 24, 2017, the witness was shown a photo lineup and identified Marshall as the man who struck the victim.

Marshall was arrested on November 19, 2017, on a warrant signed by Judge Becker. At trial, he claimed the victim was the aggressor.

[livemarket market_name="KONK Life LiveMarket" limit=3 category=“” show_signup=0 show_more=0]