Colorado BLM activist who shot disabled veteran in the head released from prison early after sweetheart plea deal

A Black Lives Matter (BLM) activist who shot a disabled veteran in the head during a Colorado anti-police riot in 2020 has been released from prison after serving only roughly three years of his 11-year sentence. Court records show that James Edward Marshall IV, 33, of Alamosa, has been moved to a halfway house. He was sentenced to state prison in December 2021.

Marshall, an Alamosa defense attorney, was originally arrested on charges including criminal attempt to commit murder, assault, reckless endangerment, felony menacing, criminal mischief, illegal discharge of a firearm, and prohibited use of weapons. He was offered a sweetheart plea deal by disgraced former Alamosa District Attorney Alonzo Payne and pleaded guilty to one charge of tampering with a deceased body, according to court records. All of the violent charges were dropped.

On June 5, 2020, Marshall shot victim Danny Pruitt, a disabled veteran, while Pruitt was in his vehicle stopped at an intersection near a Black Lives Matter protest in Alamosa, Colorado. Marshall, who was armed with a 9mm Glock, fired a shot into the back of Pruitt's truck, striking him in the head with a bullet. While Pruitt survived the shooting, he sustained critical injuries and was placed in a 17-day induced coma, the Conjeos County Citizen reported.

Marshall claimed that he was protecting his wife, Mariah, and shot Pruitt in an act of self-defense. However, authorities determined that the victim posed no threat to the protesters. Pruitt sustained permanent brain damage and had to relearn basic activities such as standing, taking a shower, and brushing his teeth. He also struggles with short-term memory loss, speaking, cognitive functioning, and mood regulation.

The plea agreement sparked substantial controversy due to its proposal for Marshall to enter a guilty plea to a single charge of tampering with a deceased human body in exchange for all violent charges to be dropped. This offense is classified as a third-degree felony and does not qualify for a sentence enhancement that comes with violent charges. The Court was required to consider a "waiver of factual basis" in the charges, as the agreement did not indicate that a deadly weapon was used in the crime or that the victim survived the shooting.

Matthew Beresky, an attorney with the Rocky Mountain Victim Rights Center, issued a statement in court opposing the plea arrangement, claiming that it "offends the very concept of justice and does not reflect the nature of the crime or its effect." He further stated that allowing "James Marshall to plead guilty to abuse of a corpse disregards the fact that Mr. Pruitt is a living human being" and deprived Pruitt of his rights.

The plea agreement ultimately led to the 2022 disbarment of DA Payne, who has alleged links to George Soros. Payne was found to have violated the Colorado Crime Victim Rights Act by failing to communicate with judges, defense attorneys, and victims. Additionally, he dismissed cases at the eleventh hour, and in the cases that he attempted to prosecute, he was unsuccessful in obtaining convictions, Denver 7 reported.

Payne acknowledged before his disbarment that he did not consider the treatment of crime victims, that his office was dismissive toward them and others, and that he lacked the ability to manage complex cases.