Marshall charged with murder-for-hire

Prosecutors have successfully re-indicted a Wrangell man on a number of charges after a previous indictment was tossed out last month on a technicality – and he will now face the substantially graver charge of attempting to solicit the murder of his victim.

Steven Marshall, 53, was arrested on Wednesday, Dec. 7, 2011 at a residence in the Bloom Trailer Court after Wrangell Police Department officers responded to an argument between him and his girlfriend. He will once again face trial in relation to a seven charge indictment that includes Sexual Assault in the First Degree and Assault in the First Degree, while a second indictment out of Ketchikan accuses him of trying to orchestrate a murder from his cell.

The new charge – Solicitation to Commit Murder in the First Degree – was filed Dec. 14 after a Ketchikan Grand Jury released a second indictment accusing him of the crime.

According to a source with close ties to the case, and speaking on the condition of anonymity, Marshall is alleged to have asked his former cellmate at Ketchikan Correctional Center to kill the victim in the Wrangell case, identified as “S.T.” in court documents.

In a check of records with the administrative staff at the Alaska Department of Corrections, the cellmate, who can only be identified by the initials “F.M.,” was transferred from KCC to Lemon Creek Correctional on Sept. 6 and is currently the subject of a probation revocation.

First District Superior Court Judge William B. Carey dismissed the original indictment against Marshall because of an error in the instructions given to members of the grand jury. The critical error found by Carey centered on an instruction he believed was improperly given to the jury and was one that essentially removed their ability to refuse to indict him if they believed he was innocent.

The dismissal was based on an instruction given to the original Grand Jurors on whether or not they “shall” find an indictment, or whether they “may” find one. Carey found that instruction flawed constitutionally and ordered a new review of his charges by a new set of jurors – and a Sitka-based Grand Jury re-indicted him on Dec. 14.

Marshall’s attorney, Michael Heiser of Ketchikan, has filed not guilty pleas to all charges on his behalf and Marshall remains incarcerated at KCC on a $100,000 cash-only performance bond. His next court appearance is set for Jan. 4 in First District Court.