A federal grand jury returned a four-count indictment charging Delamon A. Marshall, 38, of Akron, with two counts of being a felon in possession of a firearm and ammunition as an armed career criminal and two counts of possessing of a firearm with an obliterated serial number, said U.S. Attorney Justin E. Herdman.
Marshall had a Glock 9 mm pistol and ammunition on Feb. 22, despite prior convictions for bank robbery and two counts of domestic violence which made it illegal for him to have a firearm. He also possessed a Ruger 9 mm pistol and ammunition on March 17, according to the indictment.
The investigation was conducted by members of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Copley Police Department, the Bureau of Criminal Investigation for the Ohio Attorney General, Akron Police Department and the Summit County Coroner’s Office. The case is being prosecuted by Assistant United States Attorney Teresa Riley.
If convicted, the defendant’s sentences will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Source: U.S. Department of Justice, Office of the United States Attorneys
