Carpet store owner is granted bail reinstatement at hearing Defendant in theft cases is held for Balto. County after failing to post bond

January 15, 1998|By Mike Farabaugh | Mike Farabaugh,SUN STAFF

A Carroll County carpet store owner, who is accused of nearly 70 counts of theft, surrendered for a bail revocation hearing in Westminster yesterday as Baltimore County authorities waited to take him into custody.

Roy D. Marshall, 31, formerly of Willow Avenue in Westminster, listed a Dayton, Ohio, address in Circuit Court documents that he signed yesterday. He was seeking reinstatement of a $75,000 bail that was revoked last month because he allegedly had written two bad checks in Florida while Carroll prosecutors thought he was living with his mother in Ohio.

John Rion, a Dayton attorney representing Marshall, argued that his client's difficulties were a civil matter. Rion criticized prosecutor David P. Daggett for "secretly" obtaining a no-bail bench warrant "based on additional charges we already knew about."

Rion said no court documents stipulated that his client must remain in Ohio while free on bail. Rion said Daggett never called him to ask where Marshall was.

Daggett argued that Marshall had committed additional offenses while free on bond, was not supposed to be living in Florida and had charges against him in Baltimore County involving the alleged removal of his car from a Towson dealer's lot in October without payment having been made for repairs.

Rion said the repair bill of $911 was paid to the dealer by credit card, but Daggett said the payment was offered only 10 days ago, after charges had been filed.

Judge Francis M. Arnold agreed that nothing in the court records stipulated that Marshall had to remain in Ohio and reinstated the defendant's $75,000 bail in that case.

Arnold set an additional $25,000 bail for the more recent charges, mainly involving theft under $300 and credit card misuse.

Rion said his client would post bond and be in court Jan. 26, the day his trial is scheduled.

Hours later, however, Marshall had not posted bond, and Carroll County Detention Center officials said he would be turned over to Baltimore County on an outstanding warrant.

His carpet business, Marshall's Carpet & Services in Reese, was closed Sept. 21 when two leased buildings were heavily damaged by arson. No one has been charged in the arson.

The case against Marshall began in July with 13 theft charges involving carpet sales and services allegedly not provided after down payments were made; he was freed on $10,000 bail on July 21. Later, Daggett said, more customers came forward with complaints, for a total of 39 charges.

In November, a county grand jury returned 28 counts against Marshall involving the alleged purchase of airline tickets to Florida with a customer's credit card. That same month, Daggett said, two checks written in Florida on a closed business account of Marshall Enterprises Inc. of Westminster bounced and were returned by Farmers & Merchants Bank of Upperco.

Rion contended yesterday that those checks were not signed by Roy Marshall. Rion also said he had obtained $20,000 from Marshall's family members to be held in escrow for paying restitution to any "disappointed customers."

Arnold accepted Rion's offer and made the escrow money a condition of the $25,000 bail set yesterday.

Pub Date: 1/15/98

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