Prosecutors move to revoke probation for man accused of beating wife again

April 12, 1994|By Darren M. Allen | Darren M. Allen,Sun Staff Writer

Guy Gordon Marsh walked out of a Carroll courtroom last month with his arm around his wife, minutes after a judge convicted him of beating her during an argument.

When the couple got home, Marsh beat her again, prosecutors claimed yesterday in a motion to revoke his probation in a 1992 rape case.

He will be sentenced June 13 on the battery conviction, and prosecutors hope their bid to revoke his probation will be heard at the same time.

Marsh was released from state prison in 1987 after serving 14 years on a 1973 murder conviction that was eventually overturned.

"The very evening of the day the defendant was found guilty of battering his wife . . . he further threatened, assaulted and battered Mary Ruth Marsh yet another time," the motion said.

The battery conviction alone might be enough to persuade a judge to revoke Marsh's probation, prosecutors said, but they said the alleged beating March 16 makes it even more important to put him behind bars.

Marsh is in the last year of three of unsupervised probation he has been serving since pleading guilty to second-degree rape in May 1992.

In that case, Marsh, 47, admitted to having sexual intercourse with a 13-year-old.

Carroll Circuit Judge Luke K. Burns suspended a three-year prison sentence in that case and, if he decides to revoke $H probation, the judge could send Marsh to prison for three years.

For Marsh, the state's desire to revoke his probation in the rape case is the latest step in a series of confrontations with the law that could put him back in prison for more than three years.

Ms. Marsh declined to testify against her husband at his battery trial March 16 and has dropped at least one battery charge against him in the past.

The couple's 13-year marriage has been rocky, according to court records and testimony at Marsh's battery trial, but they always seemed to work things out.

Now, they apparently aren't living together, Assistant State's Attorney Kathi Hill said.

"We don't know where she is," the prosecutor said.

Attempts to reach Marsh yesterday were unsuccessful.

His attorney, M. Gordon Tayback of Baltimore, did not return phone calls.

But at his battery trial, Marsh said he was being framed by a system that has haunted him since 1973.

"I felt I was being railroaded, just like I was back in 1973," he said during the trial, pointing his finger at Ms. Hill, who prosecuted him in the battery case.

Marsh gained national attention when he was released from prison in 1987 after serving more than 14 years of a life-plus-10-year sentence.

That sentence stemmed from the June 1971 slaying of Charles R. Erdman, who was shot when he tried to stop a robbery at a Glen Burnie 7-Eleven.

The conviction was overturned after a key trial witness admitted that she had lied in her testimony.

Anne Arundel County prosecutors later decided not to retry Marsh because they felt they did not have enough evidence to convict him.

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