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Murder charges are forwarded

November 18, 2004|by PEPPER BALLARD

pepperb@herald-mail.com

HAGERSTOWN - First-degree murder charges and related felony charges against Justin Kyle Marshall in connection with the Nov. 3 beating death of Curtis Eugene Hill Sr. were forwarded to Washington County Circuit Court on Wednesday.

Marshall, 17, of 12022 Sherwood Drive in Hagerstown, was charged as an adult with first-degree murder, felony murder, second-degree murder, first-degree assault, second-degree assault, attempted robbery and attempted theft.

Larry W. Shriner, 20, of 13720 Village Mill Drive in Maugansville, faces the same charges in connection with Hill's death. His preliminary hearing is scheduled for Dec. 14, Washington County Deputy State's Attorney Steven Kessell said.

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Frederick County District Judge Janice Rodnick Ambrose, sitting in Washington County, said she would forward all of the felony charges against Marshall to Circuit Court.

"After hearing the testimony, I'm not dismissing either premeditated murder or felony murder," she said.

At about 7 a.m. on Nov. 3, Hill's body was found lying in a grassy area near a tree on North Cannon Avenue near Russo's Rx Pharmacy, Hagerstown Police Department Detective Shawn Schultz testified on Wednesday.

He testified that autopsy results indicated that Hill died of blunt force trauma, which he alleged was caused by punching and kicking inflicted by Marshall and Shriner during an assault at about 1 a.m.

Schultz testified that Marshall, who allegedly was with Shriner, had gone to a party at 212 N. Mulberry St. at about 1:30 a.m. that morning and bragged to people there that he had beaten a man. Schultz testified that Marshall was seen by partygoers with a "substantial amount of blood on his white high-top sneakers." He testified that those sneakers were later recovered and the stains tested positive for human blood.

Schultz testified that Marshall was driven to the location of Hill's body two times over the course of the morning. He testified that police were told that Shriner checked on Hill three times that morning to see if he was breathing. The last time Shriner checked on Hill, at about 5:30 a.m., he was barely breathing, Schultz testified.

Assistant Public Defender Eric Reed questioned whether Hill was the person Shriner and Marshall had been boasting of beating up. Schultz, when asked by Reed whether all assaults are reported to police, acknowledged they are not.

Reed also asked why charging documents did not list the attempted robbery about which Schultz testified. Schultz testified that the co-defendants searched Hill's pockets after the beating, but did not find anything.

Schultz said the part about the attempted robbery was left out of the charging documents. Ambrose said it didn't matter: She said she would forward the attempted robbery charge to Circuit Court, saying that Schultz had testified about it.

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