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Court finds student guilty of burglary

By Erin Fischesser

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Published: Monday, October 20, 2008

Updated: Sunday, February 14, 2010

Former Miami University football player Zachary Marshall was found guilty of burglary Oct. 15.

According to police, Marshall entered the dorm room of a female student in Havighurst Hall May 21 and assaulted her, allegedly smothering her with a pillow.

The guilty verdict was announced at the Butler County Court of Common Pleas after a four-hour jury deliberation.

According to Assistant Prosecuting Attorney Jason Phillabaum, the decision reflects the testimonies made by both Marshall and the victim.

"The victim's version of events has been consistent since day one," he said. "Her testimony was believable and was corroborated by numerous witnesses. Mr. Marshall's testimony was riddled with inconsistencies, and he even admitted to misleading the police and not telling the truth when questioned."

The incident began when Marshall reportedly returned from drinking at a friend's house and allegedly entered the female's room at 5:50 a.m. The victim reported that Marshall got on top of her and used a pillow to muffle her screams.

Marshall was then reportedly chased down the hallway by the victim and disappeared.

Phillabaum said that the evidence presented to the jury showed that Marshall entered the victim's room twice within 10 minutes.

Marshall's defense attorney Robert Peeler said the guilty verdict should remind students of the potential risks involved in alcohol consumption.

"Every Miami student should read the jury instructions on burglary," he said. "Intoxication is no excuse. If you are reckless or even negligent, you can be convicted of a felony burglary regardless of your intent. Mistake does not excuse reckless or negligent behavior."

Phillabaum agreed, also warning students to be careful in the decisions they make.

"Students over 21 need to understand that alcohol consumption is not an excuse or legal defense to a criminal act," Phillabaum said. "If alcohol causes a student to make poor judgments, that student will still be held accountable for any crime that student commits."

According to Peeler, members of the jury said they did not believe that Marshall had any intent of harming anyone or steal anything.

Peeler said that Marshall understands the reasoning behind the verdict.

"Zach told me he understands the jury had a very difficult task given how strict the law is written," Peeler said. "He accepts responsibility for mistakenly entering the wrong room. He is very sorry for the grief he caused the other student."

According to both lawyers, Marshall is eligible for probation but faces a maximum sentence of 18 months in prison.

"Zach has no criminal record," Peeler said. "He has never been in any trouble. He is eligible for probation, however there is no guarantee."

Marshall is currently in jail awaiting his sentencing, which is set for Nov. 19.

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