ITHACA, N.Y. — A jury found James ‘Pip’ Marshall guilty Friday morning of an Ithaca shooting that happened this summer.
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Marshal was found guilty on all four charges he was accused of — first-degree assault, third-degree criminal possession of a weapon, and two counts of second-degree criminal possession of a weapon.
The trial for the June 27 West Village shooting started Tuesday and jurors were given the case Thursday afternoon.
They came back with a verdict around 10:30 a.m. after requesting to see video of the confrontation again yesterday.
Officials said Marshall declined to comment in court.
Marshall is scheduled to be sentenced Jan 29 and is remanded to the Tompkins County Jail without bail.
During the trial the following two stories were told about the night of the shooting:
Marshall was at a woman’s apartment the morning of the incident when her Earl Brooks showed up wanting to go inside.
There is some debate about whether Brooks and the woman were still in a relationship with each other — Brooks said he was.
The woman denied Brooks entry to the apartment hoping to prevent a confrontation between the two men. Brooks then paced around outside her apartment — at one point allegedly trying to break into the home through a window — for nearly two hours.
In response to Brook’s behavior, Marshall called two men — on them was his brother — to go to the apartment, allegedly so he could walk out the door without having a dangerous confrontation with Brooks.
At some point, the woman opens the door to speak to Brooks and the two men end up face-to-face, according to surveillance video shown in court.
Brooks then throws a punch at Marshall and tackles him through the door frame of the apartment — this is where the stories greatly differed.
Brooks testified that he only attacked Marshall because he saw the man reach for his waistline.
“I believed it was a gun,” Brooks said during testimony.
He says that he tackled Marshall, was shot in the leg and did his best to hold Marshall down because the man had a gun. At some point, Brooks’ strength buckled from the pain of his injury and he rolled off Marshall.
“I knew I was hit, but I didn’t know where,” Brooks said.
Marshall countered that story with his own version where he said Brooks lunged at him while holding a gun, but says he was able to swat the gun in Brooks’ hand downward and the man shot himself in the leg. The gun, Marshall said, then fell to the floor and was likely kicked into the kitchen where the men fought over it before Brooks rolled off of him.
Marshall then fled the apartment. He was found at a relative’s home in Brooklyn on Sept. 3 and taken into police custody by U.S. Marshals.
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