A judge sentenced a Missouri man Thursday to nearly 32 years in prison after he admitted earlier to shooting at FBI SWAT agents when they tried to arrest him at a Delaware County residence.
U.S. District Judge Claire Eagan’s 382-month prison term was in keeping with a plea agreement that called for Brian Kirk Marshall, 50, to be sentenced to 25 years to 32 years behind bars.
Marshall pleaded guilty June 5 to a three-count grand jury superseding indictment that accused him of assaulting federal officers, obstruction of justice by attempting to kill witnesses and using a firearm during a crime of violence.
The latter charged carried a sentence of up to life in prison.
Marshall shot at members of an FBI Special Weapons and Tactics team Oct. 1, after they used tear gas to force him out of a residence in the town of Kansas, Oklahoma.
Marshall admitted to firing a .45-caliber pistol at agents, who returned fire, wounding Marshall in the abdomen.
Three members of the FBI SWAT team who were at Marshall’s residence that day spoke to Eagan about the incident and how it had affected their lives.
FBI Special Agent Kurt Stoner said SWAT team members gave Marshall “every single opportunity” to surrender peacefully.
“We begged him to come out of that house, and he chose to pick up and bear arms against us and start firing on us,” Stoner said. “And under God’s grace did none of us get hit.”
Agents went to the residence on Gooseberry Drive when receiving reports that Marshall had made a YouTube video in which he claimed he was going to kill three police officers, including the police chief in Leon Valley, Texas.
No agents were struck by the gunfire from Marshall, though two rounds hit the turret of an armored vehicle in which agents were traveling.
Federal public defender William Widell said Marshall did a “terrible thing.”
“It’s almost inexplicable,” Widell said, who earlier noted that Marshall prior to the encounter with SWAT officers has suffered numerous head traumas and four or five strokes.
Widell asked for a sentence at the low end of the range agreed to in the plea.
“Three hundred months is a long, long time ... for a man who is Mr. Marshall’s age,” Widell said.
U.S. Attorney Trent Shores said he was pleased with the prison term Marshall received.
“As is evident from the headlines of the last few days, the men and women of law enforcement face life-and-death situations every day,” Shores said. “There are ever-present threats to their safety and security.
“Defendant Brian Marshall was one of those threats. Not only did he have a history of threatening law enforcement via the internet, but Marshall picked up a gun and fired at FBI special agents attempting to arrest him in northeastern Oklahoma. You don’t do that in this district nor anywhere else without serious consequences.”
Stoner told Marshall that he forgave him for his actions.
“But like I tell my kids, you still committed those actions and there are still consequences and you are going to have to suffer those consequences,” Stoner said.
Marshall broke down briefly while addressing the judge and FBI agents before being sentenced.
“First and foremost I’d like to thank the men and women of this country for what they do to keep us safe from people like me,” Marshall said. “I apologize for what I did. It was wrong.
“I forgive them for shooting me,” Marshall said. “They did what they had to do. And I apologize and for that and I’m willing to pay the price.”
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