Marshall, an Alamosa defense attorney, was originally arrested on charges including criminal attempt to commit murder, assault, reckless endangerment, felony menacing, criminal mischief, illegal discharge of a firearm, and prohibited use of weapons. He was offered a sweetheart plea deal by Alamosa District Attorney Alonzo Payne and pleaded guilty to one charge of tampering with a deceased body, according to court records. All of the violent charges were dropped.
On June 5, 2020, Marshall shot victim Danny Pruitt, a disabled veteran, while Pruitt was in his vehicle stopped at an intersection near a Black Lives Matter protest in Alamosa, Colorado. Marshall, who was armed with a 9mm Glock, fired a shot into the back of Pruitt's truck, striking him in the head with a bullet. While Pruitt survived the shooting, he sustained critical injuries and was placed in a 17-day induced coma, the Conjeos County Citizen reported.
Marshall claimed that he was protecting his wife, Mariah, and shot Pruitt in an act of self-defense. However, authorities determined that the victim posed no threat to the protesters. Pruitt sustained permanent brain damage and had to relearn basic activities such as standing, taking a shower, and brushing his teeth. He also struggles with short-term memory loss, speaking, cognitive functioning, and mood regulation.
The plea agreement sparked substantial controversy due to its proposal for Marshall to enter a guilty plea to a single charge of tampering with a deceased human body. This offense is classified as a third-degree felony and does not qualify for a sentence enhancement due to violence. The Court was required to consider a "waiver of factual basis" in the charges, as the agreement did not indicate that a deadly weapon was used in the crime.
Matthew Beresky, an attorney with the Rocky Mountain Victim Rights Center, issued a statement in court opposing the plea arrangement, claiming that it "offends the very concept of justice and does not reflect the nature of the crime or its effect." He further stated that allowing "James Marshall to plead guilty to abuse of a corpse disregards the fact that Mr. Pruitt is a living human being" and depriving Pruitt of his rights.
