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Indictments handed up in Nov. fatal beating

February 01, 2005|by JULIE E. GREENE

julieg@herald-mail.com

A grand jury handed up indictments last week against two Washington County men in the Nov. 3, 2004, beating death of Curtis Eugene Hill Sr., Washington County Assistant State's Attorney Steve Kessell said Monday.

The indictment corrects the charges against Justin Kyle Marshall, one of two co-defendants, Kessell said.

A glitch resulted in Marshall's original charges, through the Washington County District Court Commissioner's office, including two counts of premeditated first-degree murder, Kessell said. The indictment fixes the charges so he is charged with one count of premeditated first-degree murder and one count of first-degree felony murder, he said.

Felony murder does not require that a death occurring during the commission of a felony be premeditated, Kessell said.

Generally, felony murder is easier to prove because intent does not have to be proven, he said.

The indictments returned against Marshall, 17, of 12022 Sherwood Drive in Hagerstown, and co-defendant Larry W. Shriner, 21, of 13720 Village Mill Drive in Maugansville, were on counts of first-degree murder, first-degree felony murder, second-degree murder, first-degree assault, second-degree assault, attempted robbery, attempted misdemeanor theft and reckless endangerment, Kessell said.

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The original charges against Marshall were dismissed in Washington County Circuit Court on Monday, according to court records.

The state's attorney's office also will seek dismissal of the original charges against Shriner, leaving the indictments against Shriner and Marshall, Kessell said.

According to Circuit Court records, Marshall and Shriner were served on Jan. 26 with copies of the warrants and new charging documents.

Marshall and Shriner were being held without bond Monday at the Washington County Detention Center, a detention center official said.

Hill's body was found in a grassy area near a tree on North Cannon Avenue near Russo's Rx Pharmacy around 7 a.m. Nov. 3, 2004, Hagerstown Police have said.

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