>La Grande Observer | Union and Wallowa Counties' News Leader

Zachariah Marshall

Zachariah Marshall, 20, is charged with attempted murder, assault in the first, second, third and fourth degree, and menacing in the incident.

He is accused of inflicting three knife wounds on Shaden Boudreau, 21. The attack occurred at a party during the evening of May 22 and early morning hours of May 23.

In opening statements Wednesday, Janie Burcart, Marshall’s attorney, did not deny her client assaulted Boudreau. She said a highly-intoxicated Marshall was reckless but did not act with intent.

“It was a terrible accident and it never would have happened if a bunch of young people hadn’t been drinking,” Burcart said. “At the end of this trial, I’m going to come back to you (the jury) and show there is no evidence my client intended to hurt his friend.”

Assistant District Attorney John Schilling expressed an opposing view in his opening statement.

In Schilling’s account of the incident, a group of 12 to 15 people gathered for a party at a house at 206 Polk St. Many of the people drank heavily and some engaged in a drinking game called “beer pong.”

Police were called to the residence on a noise complaint about 10:30 p.m. They left after the revelers agreed to keep the noise down.

Sometime after 2 a.m., Marshall became involved in an argument with another youth, Jesse Russell. The two grappled and fell into a chair.

Boudreau and and a fourth youth, Remington Miller, stepped in to break up the fight, with Miller trying to contain Russell and Boudreau trying to control Marshall.

Marshall, according to Schilling’s opening statement and subsequent testimony from Boudreau, pulled a pocket knife. He stabbed Boudreau in the left side, cut him across the back of the neck and stabbed him in the back.

Schilling said Marshall told Boudreau at one point before the stabbing, “Let me go or I’m going to kill you.”

“We’re not here to decide if Zachariah or Shadin or anyone else at that party is good or bad,” Schilling said. “We’re here to decide if in that moment Zachariah intended to kill Shadin.”

Boudreau, the first witness called by the prosecution, testified that he had known Marshall since the two were in grade school together. He said they often “hung out.”

Boudreau’s account of the knife incident generally matched the one given by Schilling in opening statements.

He said he and Miller managed to get Marshall and Russell separated. He said that as he was holding Marshall back, Marshall threatened to kill him.

Marshall got free, and Boudreau said he felt at first like he’d been punched in his side, and then like someone was dragging a fingernail across the back of his neck.

He said he did not realize Marshall had a knife until the third wound, the one in the back, was inflicted.

Other witnesses called Wednesday included Jill Tye and Jordan Masters, 18-year-olds from Wallowa County who were present at the party that night.

Both said they saw the fight between Marshall and Russell, but did not see what happened between Marshall and Boudreau. They said they hid in a pantry as the fight escalated.

Russell also was called to the stand.

The trial was to continue today.