Spring Break
Former student to serve jail time for burglary
Laura Bryant
Issue date: 12/2/08 Section: Front Page
Former Miami University football player Zachary Marshall, who was found guilty of burglary mid-October, was sentenced by Judge Michael Sage Nov. 19 to jail time and community service.
According to Marshall's lawyer, Robert Peeler, Sage sentenced Marshall to 60 days in the Butler County Jail, minus 36 days for the time Marshall already served after the jury found him guilty. Marshall has also been sentenced to 120 days of house arrest after being released from jail. Furthermore, Marshall will also undergo a year of intensive probation-including no alcohol use-four years of community control (formerly called probation) and 200 hours of community service.
According to police, Marshall entered the dorm room of a female student in Havighurst Hall May 21, assaulting her and allegedly smothering her with a pillow.
Peeler said the jury must not have believed all of the allegations against Marshall or his punishment would have been much harsher, with much more jail time.
"It's a painful price to pay for one night of drinking," Peeler said. "There's been situations where the results are much worse."
Assistant prosecutor Jason Phillabaum said he thought the punishment was appropriate for the case.
"I think Mr. Marshall will, once he serves jail time, have an opportunity to prove himself that this is an anomaly," Phillabaum said. "And, I've heard that this ruined his life and that is just not true. He will have to complete community control and if he stays out of trouble and does everything he's supposed to, he can always apply for an expungement."
Phillabaum said his client indicated a prison sentence would not be necessary and community control would be appropriate and Sage agreed.
The jury, when deciding guilt, was given a note from Sage stating, "Intoxication is not an excuse for an offense. Voluntary intoxication may not be taken into consideration in determining the existence of a mental state that is an element of a criminal offense."
According to Marshall's lawyer, Robert Peeler, Sage sentenced Marshall to 60 days in the Butler County Jail, minus 36 days for the time Marshall already served after the jury found him guilty. Marshall has also been sentenced to 120 days of house arrest after being released from jail. Furthermore, Marshall will also undergo a year of intensive probation-including no alcohol use-four years of community control (formerly called probation) and 200 hours of community service.
According to police, Marshall entered the dorm room of a female student in Havighurst Hall May 21, assaulting her and allegedly smothering her with a pillow.
Peeler said the jury must not have believed all of the allegations against Marshall or his punishment would have been much harsher, with much more jail time.
"It's a painful price to pay for one night of drinking," Peeler said. "There's been situations where the results are much worse."
Assistant prosecutor Jason Phillabaum said he thought the punishment was appropriate for the case.
"I think Mr. Marshall will, once he serves jail time, have an opportunity to prove himself that this is an anomaly," Phillabaum said. "And, I've heard that this ruined his life and that is just not true. He will have to complete community control and if he stays out of trouble and does everything he's supposed to, he can always apply for an expungement."
Phillabaum said his client indicated a prison sentence would not be necessary and community control would be appropriate and Sage agreed.
The jury, when deciding guilt, was given a note from Sage stating, "Intoxication is not an excuse for an offense. Voluntary intoxication may not be taken into consideration in determining the existence of a mental state that is an element of a criminal offense."
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