A Missouri man admitted Wednesday to trying to kill FBI agents in 2018 when he fired a handgun at them after they tried to force him out of a Delaware County home with tear gas.
Brian Kirk Marshall, 50, faces a term of 25 years to 32 years in federal prison under the terms of the plea agreement with prosecutors.
U.S. District Judge Claire Eagan said she “most likely” will approve the plea agreement and prison term when she sentences Marshall later this summer.
“Today’s change of plea is a culmination of months of diligent work by FBI special agents and federal prosecutors,” said U.S. Attorney Trent Shores, who heads up the federal prosecutor’s office in the Northern District of Oklahoma.
Law enforcement officials had sought Marshall since Sept. 27, when a Texas federal judge issued a warrant for his arrest, records show.
The warrant alleged Marshall had posted a YouTube video in which he claimed he was going to kill three police officers, including the police chief in Leon Valley, Texas, located in Bexar County.
Members of the FBI Special Weapons and Tactics team descended on the Delaware County residence Oct. 1 after developing information that Marshall was inside the home.
FBI special agents riding in an armored vehicle drew gunfire from the residence after they deployed tear gas into the home, officials said. No agents were struck by the gunfire, although two of the six rounds hit the turret of the armored vehicle.
Marshall was wounded in the torso when the FBI returned fire.
A Tulsa grand jury named Marshall in a three-count indictment Nov. 8 that alleged assault on federal officers and other firearms-related charges.
A grand jury issued a superseding indictment Dec. 7, which added a count of obstruction of justice.
The plea agreement calls for Marshall to serve two concurrent prison terms of 180 months to 264 months in on the assault and obstruction of justice counts.
After completing the terms for the two counts, Marshall will have to serve an additional 10 year term for the use of a firearm during a crime of violence charge, under the terms of the agreement.
“The patience, professionalism, and excellence of the FBI Special Weapons and Tactics Team were on full display in the arrest of Brian Marshall, a self-described “cop killer,” Shores said.
“Marshall was a fugitive from justice hiding in rural northeastern Oklahoma. For more than 40 minutes, an FBI negotiator tried to talk Marshall into surrendering peacefully.
“Instead, Marshall opened fire on the FBI agents. Marshall was ultimately taken into custody.”
Marshall lists a home address in Independence, Missouri, on publicly available jail booking information. A news release from Shore’s office indicates Marshall was from Pattonsburg, Missouri, located north of Kansas City.
Doctors at a federal detention center in Seattle evaluated Marshall to determine whether he was competent to stand trial.
A magistrate judge determined April 17 that, after reviewing medical reports related to the evaluation, there was no evidence that Marshall suffers from a mental disease or defect that would substantially impair his ability to assist counsel in his defense.
Marshall said during his plea hearing Wednesday in Tulsa federal court that he has been diagnosed with bipolar disorder and depression.