Brian Kirk Marshall, 49, of Kansas, Oklahoma, made an initial appearance in United States District Court Tuesday, in Arkansas, on a Complaint charging Marshall with assaulting a federal officer on Oct. 1, 2018, in Delaware County. At the time of the alleged incident, the FBI was executing both an arrest warrant for interstate threats Marshall allegedly made to kill police officers and a search warrant for the Delaware County residence where Marshall was found. According to the Complaint affidavit, Marshall allegedly fired shots at FBI agents using a.45 caliber pistol as the FBI SWAT Team attempted to call occupants safely out of the residence. FBI agents returned fire, injuring Marshall.
“I am thankful for the selfless acts of courage and professionalism exhibited by the FBI SWAT team during the apprehension of this subject," said U.S. Attorney Trent Shores. “The suspect, Mr. Marshall, was located in a trailer in rural Delaware County. An FBI negotiator attempted to secure a peaceful surrender by the suspect. Mr. Marshall is alleged to have fired on agents, and the FBI responded accordingly, striking the suspect twice. Mr. Marshall was immediately provided medical treatment and arrested without further injury or incident. No agents were injured. I am thankful this matter was resolved without loss of life."
This matter will proceed in United States District Court in Tulsa, where the Complaint is currently pending. A Complaint is a temporary charge alleging a violation of law. For the case to proceed to trial, the United States must present the charge to a federal Grand Jury within 30 days. Once a Grand Jury returns an Indictment, a defendant has a right to a jury trial at which the United States would have the burden of proving the defendant’s guilt beyond a reasonable doubt. All defendants are presumed innocent until proven guilty in a court of law.
Source: U.S. Department of Justice, Federal Bureau of Investigation (FBI)
