Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, April 2, 1994 TAG: 9404020063
SECTION: CURRENT PAGE: NRV-3 EDITION: NEW RIVER VALLEY
SOURCE: By KATHY LOAN STAFF WRITER
DATELINE: CHRISTIANSBURG LENGTH: Medium
Marshall, 21, had pleaded not guilty to first-degree murder last month in Montgomery County Circuit Court.
Tabitha Jo Young Bell, 22, was seven months pregnant when she was killed in May 1993.
The shotgun fired by Marshall killed both Bell and their unborn daughter, but state law did not allow him to be charged with two counts of murder.
Even though Marshall readily admitted shooting his girlfriend in the head with a shotgun, a Montgomery County Circuit Court jury ruled the crime was committed in the heat of passion.
The jury set his punishment at 20 years in prison for second-degree murder and two years for using a firearm to commit the crime. The jury also imposed a $50,000 fine.
Judge Kenneth Devore upheld the jury's sentence Friday, refusing a request by Marshall's attorney that the sentence be reduced.
John Huntington had argued that voluntary sentencing guidelines gave a range of punishment from just under 10 years in prison to just under 20 years.
Huntington suggested Devore impose a 15-year sentence, the midpoint of the sentencing guidelines.
Huntington said Marshall had shown remorse for his crime, had cooperated with authorities and has been well-behaved during the past 11 months he has been in jail.
Skip Schwab, assistant commonwealth's attorney, told Devore the jury's sentence should stand.
Testimony indicated Marshall and Bell argued bitterly several times at their Spaulding Road residence last May 6.
Bell accused Marshall of neglecting her because he had been staying out late that week fishing on the New River.
In a taped confession played in court, Marshall said Bell dared, "Why don't you kill me now?"
Marshall said he responded by removing a .12-gauge semiautomatic shotgun from a rack above the sofa, clicking off the safety mechanism and firing a round into Bell's temple.
Marshall told authorities he "just snapped," Schwab said.
"In some ways, that's more dangerous than someone who plans" to kill someone, Schwab said, because one doesn't know when they might snap again.
"It was a senseless killing, Mr. Marshall, senseless," Devore said. Marshall responded with an almost imperceivable nod.
by CNB