Carpet store owner arrested in Florida, released on bail Westminster man wanted here for theft charges

January 04, 1998|By Sheridan Lyons | Sheridan Lyons,SUN STAFF

A Carroll County carpet store owner whose bail was revoked Dec. 23 was picked up by authorities in Tampa, Fla., early last week -- then released on bail Wednesday by a judge there.

Roy Dale Marshall, 31, of Willow Avenue in Westminster has a Jan. 30 trial date in Carroll County on 39 counts of theft and bad-check charges, alleging that he accepted down payments for carpets or services that weren't provided, according to court files.

His business, Marshall's Carpet & Services in Reese, has been closed since the two leased buildings were heavily damaged by arson Sept. 21. No charges have been filed.

But Marshall was supposed to be in Ohio, not Florida, said David P. Daggett, a Carroll County assistant state's attorney, criticizing the Florida judge's action.

As a condition of bail on the theft charges, including permission to live at his parents' home in Riverside, Ohio, until the trial, Marshall already gave up his right to an extradition hearing, according to court files.

"He did not have permission to be in Florida," the prosecutor said.

Marshall was picked up in Tampa on two open warrants from Carroll County: one for new charges returned by a Carroll County grand jury in November, the other for the Dec. 23 bail revocation.

One of Marshall's attorneys, John H. Rion of Dayton, Ohio, said in a statement through an associate that he went to Florida "and appeared before the court and got Mr. Marshall a bond that he was entitled to. Mr. Marshall was treated no differently by that court in Florida than any other individual."

"He was given a bond that was determined to be adequate to assure his appearance in Maryland, and Mr. Marshall and Mr. Rion have every intention of appearing in Maryland and fighting those charges, as they have in the past," said the associate, who declined to give his name.

Upon learning that Marshall was being granted bail, Hillsborough County, Fla., prosecutors on Tuesday were working with Carroll County officials to try to schedule an emergency hearing before another judge.

But that effort failed, and Marshall apparently posted the $5,000 bail set on both warrants and was released Wednesday.

"The judge in Florida obviously didn't understand the extradition waiver and the fugitive warrant," said Daggett, calling the $5,000 bail on both arrest warrants "ridiculous.

"The judge should not have set any bond," Daggett said.

In Tampa, Cpl. Robert Simpson of the Hillsborough County sheriff's office said: "We're looking for him right now. At this point, we don't know where he's at, obviously.

"We heard that he may be headed back that way, to Baltimore," said Simpson, who confirmed that Marshall was released on $5,000 bond on two Maryland warrants.

Carroll County State's Attorney Jerry F. Barnes vowed: "We're going to do everything within our power to make sure Mr. Marshall is returned to this jurisdiction as soon as possible. If this necessitates our sending a prosecutor and investigator to Florida to provide testimony, then we will do that."

The case against Marshall began in July with 13 theft charges, Daggett said, and he was freed July 21 on $10,000 bail.

After those charges were publicized, more customers came in with complaints, Daggett said, bringing the number of charges to 39. Incidents listed between March 5 and July 21 involved about two dozen customers and $24,000.

The bail in Carroll County was then increased to $75,000. When Marshall posted that bond Sept. 30, it was with the condition that he waive his right to an extradition hearing in return for being allowed to live in Ohio.

Then in November, a county grand jury returned another 28 counts of theft and credit card misuse, charging that Marshall used a customer's credit card in August and September to buy airline tickets to Tampa.

According to the court files, a customer put a $187 down payment on his VISA credit card in March for carpeting, but no one showed up for several scheduled installation dates. In September, his credit card bill showed unauthorized transactions for airline tickets on US Airways for Marshall and a girlfriend at $946 apiece that were mailed to Marshall's home in Westminster. Four more tickets to Tampa totaling $844 were purchased with the card Sept. 3-4.

Also in November, Daggett said, two checks bounced in Florida after they were written there on a closed business account for Marshall Enterprises Inc. at the Farmers & Merchants Bank of Upperco.

Marshall also was charged with theft in Baltimore County, after ,, he allegedly used a spare set of keys Oct. 20 to remove his 1994 Ford Explorer from the lot of Bob Davidson Ford, on East Joppa Road in Carney, after the vehicle had been repaired for $911. The car dealer said Marshall did not pay for the repairs.

Daggett said he moved to have the Carroll County bail revoked for three reasons: Marshall was in Florida rather than Ohio or Maryland; new charges had been filed in Baltimore County; and two bad checks had been written on the closed account.

On Dec. 23, Carroll County Circuit Judge Raymond E. Beck Sr. granted the prosecutor's motion, revoked Marshall's $75,000 bail and ordered his arrest.

Pub Date: 1/04/98

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