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Wichita Dollar General suspect Marquis Marshall charged with capital murder

  • The Wichita Eagle
  • Published Wednesday, Dec. 5, 2012, at 1:45 p.m.
  • Updated Thursday, Oct. 3, 2013, at 6:43 a.m.

Prosecutors charged Marquis Marshall with capital murder Wednesday afternoon in the shooting deaths of two people in the Dollar General store near 13th and Oliver.

Five days after the attack, the 19-year-old Wichita man made his first appearance in Sedgwick County District Court via a video monitor relayed from the jail.

Judge Warren Wilbert set his bond at $5 million, up from his initial bond of $1 million.

A representative of the Death Penalty Defense Unit, which will defend Marshall in court, came to the courtroom but declined to comment after Marshall’s brief appearance. If convicted of capital murder, Marshall could face the death penalty.

Marshall, wearing a green jail jumpsuit and standing at a lectern, showed no visible emotion.

He asked Wilbert to repeat his next court date, a preliminary hearing set for Dec. 18. The preliminary hearing will likely be postponed.

In an affidavit Marshall filled out to apply for a court-appointed attorney, he said he is single and lives with his mother and brother at an address on West 33rd Street South near Meridian. At the line on the form where he was asked if he was receiving unemployment benefits, he wrote, “never had Job.”

The capital murder charge accuses him of killing Zachary Hunt and Henry Harvey “unlawfully, intentionally, and with premeditation ... as part of the same act or in two or more acts ... connected together.”

The case qualifies as a possible death penalty case because more than one person died in the attack last Friday.

State law gives seven situations that warrant filing of a capital murder charge, which can lead to the death penalty if the defendant is convicted. Those circumstances include the “intentional and premeditated killing of more than one person as a part of the same act or transaction.”

Wichita police said the shooting occurred about 8:10 p.m. Friday when Hunt, a 22-year-old store employee, and Harvey, a 79-year-old customer on a candy-buying trip, were shot multiple times near the front of the store. Police have disclosed no motive for the shooting.

A police report says a 58-year-old woman walked into the store and found the victims and that Hunt was lying on the floor in an aisle near store offices.

Marshall, who was arrested Sunday in Wichita, is being held in the Sedgwick County Jail.

Contributing: Hurst Laviana of The Eagle

Reach Tim Potter at 316-268-6684 or tpotter@wichitaeagle.com

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