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

Zachariah Marshall - Found not guilty of attempted murder

Marshall, 20, was found not guilty of attempted murder and assault in the first degree. A charge of assault in the fourth degree was dismissed earlier.

Assault in the second degree is a Measure 11 offense that carries a mandatory minimum sentence of 70 months. After the trial, Defense Attorney Janie Burcart expressed disappointment with the verdict and the fact that a judge will have no leeway in sentencing.

“I thought assault in the third degree would have been appropriate and fair,” she said. “That is a felony but even under the guidelines the sentencing isn’t so restrictive.”

A sentencing date has not been set. Burcart said she will argue for sentencing under a statute known as “Ballot Measure 11 Lite,” which could render Marshall eligible for certain programs in prison.

Marshall’s trial opened Wednesday. Burcart  mounted a “voluntary intoxication” defense, claiming that a highly-intoxicated Marshall acted recklessly in inflicting knife wounds on Shaden Boudreau, but did not do it with intent.

Intent was the key to the trial, according to Assistant District Attorney John Schilling. Schilling told the jury he aimed to prove that Marshall was fully aware of what he was doing.

The incident happened about 2:30 a.m. May 23, after police broke up a drinking party at 206 Polk Avenue. According to testimony, between 10-15 people, some under-age, were at the party at its height.

Police were called to the residence about 1:30 a.m. (not 10:30 p.m. as a report in Thursday’s Observer said). Marshall was among several people who left the house when police arrived. He returned about 2:15 a.m.

According to his own testimony Thursday, Marshall was angry because his roommates at the house did not call to tell him the police were gone.

In the living room, he got into a fight with roommate Jesse Russell. Two other youths, Remington Miller and Boudreau, intervened and separated the two.

Marshall testified that Russell and Boudreau pummeled him and he fought back, focusing on Boudreau. The two apparently went to the floor.

Marshall said he was aware of pulling his knife from his hip pocket, and knew it was in his hand, but thought he was punching Boudreau rather than stabbing or slashing.

In the melee, Boudreau received a stab wound to the side, a slashing wound across the back of his neck and a stab wound in the back. He was taken to Grande Ronde Hospital where he had surgery.

Boudreau, 21, is now recovered from his wounds. He testified Wednesday that he and Marshall were friends since childhood.

In closing arguments Friday, Schilling repeated the contention that Marshall intentionally used the knife on Boudreau.

Though Marshall denied it, Schilling said Marshall told Boudreau, “Let me go or I will kill you.” Schilling also said that the knife wounds were inconsistent with Marshall’s own account of the fight.

Schilling also disputed Burcart’s claim that Marshall was so drunk he wasn’t aware of what he was doing. Schilling said that most witnesses during the trial testified that Marshall was not overly intoxicated.

“You’re deciding about a choice,” Schilling told the jury. “It may have been a choice fueled by anger or alcohol, but it was a choice nonetheless. We’re asking you hold him accountable for his actions.”

Burcart in her closing argument said that more than 100 cans of beer, plus hard liquor, were consumed at the party. She said Marshall’s drinking impaired his judgement to a point where he wasn’t aware of his actions.

“Zach Marshall was too intoxicated to form an intent and to know,” she said.

Burcart also made much of the fact that of all the witnesses, only Boudreau heard Marshall utter the death threat.

“You’ll reach the inevitable conclusion it just wasn’t said,” she told the jury.

The jury deliberated nearly three hours Friday before reaching its verdict.