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Charges that Tom Marshello of Sisters attempted to assault two police officers
during a wild chase on December 26, 1995 were dropped in a plea bargain reached
just before trial on August 14.
Marshello did plead guilty for driving under the influence of intoxicants and
reckless driving during the same episode.
According to Marshello's lawyer, Ed Mierjeski with Crabtree and Rahmsdorff in
Bend, the DUII and reckless driving were misdemeanors. Marshello served 28 days
before he was able to raise bail and will serve no further jail time.
The charges dismissed included assault in the third degree regarding
Sisters Police Chief David Haynes, second degree escape, fleeing or
attempting to elude and attempted assault in the first degree concerning
Deschutes County Sheriff's Lieutenant Greg Brown, according to Mierjeski.
Marshello drove into an area where police had just captured a deranged man who
fired shots at them from the Bank of the Cascades parking lot on Main Street.
Marshello was told to stop by Police Chief Haynes. After a verbal exchange,
Haynes reached inside Marshello's car, Marshello put the Lincoln in reverse and
pulled Haynes some distance and slightly injured Haynes' hand.
Marshello then fled the scene and was the subject of an extended pursuit on
forest and county roads around Sisters as well as the state highway before
being captured in the restroom of a local restaurant.
During the chase, Marshello put his car into a ditch. When approached by Lt.
Brown, Marshello got the car out of the ditch, narrowly missing Brown, who was
forced to jump to one side.
Mierjeski said the plea bargain was reached after witnesses came forward who
would have said that Sisters Police Chief Dave Haynes and Marshello had a
"bizarre confrontation" prior to the pursuit.
Prosecutor Stephen Gunnels would only say that he agreed to the plea bargain
because he believed "the evidence would have shown that Marshello may have fled
the scene in a panic but that he did not intend to assault Chief Haynes."
As to the alleged assault against Brown, prosecutor Gunnels said that "it as
clear that Marshello was driving recklessly and under the influence of alcohol
and drugs, but Lt. Brown could not say Marshello was trying to assault him with
the car."
Even though he pled guilty to the DUII, Marshello had less than the legal limit
of alcohol in his system when tested. The lab report also indicated that
Marshello may have had codeine, cocaine and THC (from marijuana) in his system,
according to Mierjeski.
Mierjeski said Marshello admitted taking a cold medication with codeine and
smoking marijuana two days before the incident, but denies have used cocaine.
"He pled guilty to the DUII to put this behind him and walk out with two
misdemeanors," Mierjeski said.
