Brian K. Marshall, 49, a former resident of Pattonsburg, was indicted in the Northern District of Oklahoma on Nov. 9 by the November 2018 Federal Grand Jury. Marshall initially appeared in a U.S. District Court in Arkansas on Oct. 9 on a complaint charging him with assaulting a federal officer.
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Marshall has been charged with forcibly assaulting FBI agents while agents were executing a search warrant of his Kansas, OK, residence; carrying, using, and discharging a firearm during a crime of violence; and possessing a firearm and ammunition after being convicted of third degree domestic assault in Missouri in 2008. The FBI is the investigative agency.
The return of the indictment by the grand jury is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
At the time of the shooting incident on Oct. 1, the FBI was executing both an arrest warrant for interstate threats Marshall allegedly made to kill police officers and a search warrant for the Delaware County residence where Marshall was found. According to the complaint affidavit, Marshall fired shots at FBI agents using a .45 caliber pistol as the FBI SWAT team attempted to call occupants safely out of the residence. FBI agents returned fire, injuring Marshall.
Local involvement
Back in January 2018, Daviess County Deputy Robert Mazur had received an anonymous tip that Marshall was in a major metro area in Arkansas, in an apartment complex of over 600 units. Deputy Mazur worked with the Arkansas State Police at that time in an effort to locate Marshall, who had absconded from Daviess County after posting bond on four weapons charges in 2013, but law enforcement was unsuccessful in their efforts to determine in which unit Marshall was located. Deputy Mazur was also contacted by the FBI as the agency worked to locate Marshall.
In 2008, Marshall was charged in Daviess County with domestic assault and unlawful use of a weapon after he held a 9mm pistol against his mother’s forehead. According to the probable cause statement prepared by the Daviess County Sheriff’s Office, Marshall got into an argument with his mother on June 16, 2008. He held the pistol against her forehead and threatened to kill her. He then pointed the firearm at the floor and discharged one round. He then fled the scene with a loaded assault rifle.
Marshall pled guilty and served four years in the Missouri Department of Corrections on the weapons charge and five months in the Daviess-DeKalb County Regional Jail for domestic assault; the sentences were served consecutively.
After he was released from prison, Marshall was again charged in Daviess County with four counts of unlawful possession of a firearm in 2013 after the execution of a search warrant at his residence. According to the probable cause statement prepared by the Daviess County Sheriff’s Office, the search warrant was executed on Jan. 24, 2013, at his Pattonsburg residence by the Daviess County Sheriff, Missouri State Highway Patrol and members of NITRO. The search was to seize any and all weapons, firearms and ammunition that Marshall, a convicted felon, would have in his possession.
Firearms and evidence located and seized within the residence included multiple rifles, shotguns and handguns, some loaded and ready to fire, others located in a gun cabinet, as well as ammunition. Bond was set at $50,000, cash only, and a jury trial was scheduled for Sept. 4, 2014. Marshall absconded after he posted bond.
According to Missouri Casenet, Marshall was also charged with unlawful use of drug paraphernalia in April 2006 and possession of marijuana in July 2006 in Daviess County. He pled guilty to both of these misdemeanors and served two-day and five-day jail sentences.
FBI investigation
The FBI investigation of Brian Marshall began on Sept. 17, 2018, when the North Las Vegas Police Department saw a YouTube posting with Marshall’s name in which he allegedly threatened to kill police officers in Leon Valley, Texas, a suburb of San Antonio. The police department captured the posting in screen shots and provided them to the FBI.
In the post, Marshall states “At this point I have three pictures of the cops I’m going to kill,” and “there’s about 25 in my militia we are going to make a move on Leon Valley very soon … and the police chief … is going to die.”
The FBI obtained an arrest warrant in the federal court for the Western District of Texas, in San Antonio, and later learned that Marshall was in a residence in Kansas, OK. An FBI SWAT team surrounded the home and used a loud speaker to announce its presence, according to an affidavit released Oct. 10.
After multiple attempts were made to have the occupants come out of the residence, the FBI fired gas into the home in an attempt to force the occupants out. After the gas was deployed, agents began receiving pistol fire from within the residence and returned fire. After the shooting stopped, the FBI established contact with Marshall who said he had been shot and was bleeding.
He eventually came out of the residence, was taken into custody and transported to a hospital.
In a later interview with agents, Marshall said that when he heard the call-out from agents surrounding the home, he immediately grabbed a Hi-Point .45-caliber handgun and fired five rounds through a window “at the ground in front of one of the SWAT members.” He said he did this intentionally and “could have killed him if he wanted,” according to the affidavit. Three projectile impacts were later found on the exterior of an armored SWAT vehicle.
Agents recovered Marshall’s gun, along with eight .45-caliber shell casings. The gun had a fully loaded magazine inserted, according to the affidavit.
U.S. Attorney Trent Shores said in a statement, “The suspect, Mr. Marshall, was located in a trailer in rural Delaware County. An FBI negotiator attempted to secure a peaceful surrender … Mr. Marshall is alleged to have fired on agents, and the FBI responded accordingly, striking the suspect twice. Mr. Marshall was immediately provided medical treatment and arrested without further injury or accident. No agents were injured. I am thankful this matter was resolved without loss of life.”
[Reprinted, in part, from the Tulsa World]