Jury finds Marshall guilty of theft, assault

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September 23 – LIMA – After 39 minutes of deliberation, the judges found Charles Marshall guilty of aggravated theft and assault on Friday morning.

Marshall, 24, will be convicted of complicity in the robbery and assault of 54-year-old Jay McMillen on May 14 with Aaron Henderson, also 24. He is also guilty of firearms specifications for both offences. Henderson is accused of shooting a pistol next to McMillen’s ear before assaulting and robbing him.

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Jurors reached a verdict after two days of witness statements and presentation of evidence. They returned Friday morning for closing arguments and deliberation.

Although surveillance videos and testimony showed that Marshall did not catch McMillen himself, he was found guilty on the ground of complicity.

Text messages from Marshall to Henderson show Marshall encouraging the other man to “lick” the victim—a slang that means to rob someone—and telling him that if he didn’t, he should pass the gun to Marshall, who it would.

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The video also showed Marshall taking McMillen’s bag while Henderson attacked him, looking through it. He later dropped the bag on a street corner after he and Henderson fled the scene.

Jurors determined assistant prosecutors Josh Carp and Joseph Everhart showed beyond reasonable doubt that both the attack and the robbery took place and that Marshall played a key role.

Henderson’s jury trial begins Nov. 29. Allen County Common Pleas Court Judge Jeffrey Reed ordered a pre-sentence investigation to be completed before Marshall returns to court for sentencing on Nov. 3 at 8:30 a.m.

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