A Toledo man accused of putting in motion a downtown shooting that led to a man being struck in the leg has rejected a plea deal.
Marquise Brown, 22, appeared Tuesday in the courtroom of Wood County Common Pleas Court Judge Matt Reger.
He had been indicted in June for felonious assault, a second-degree felony, and obstructing justice, a third-degree felony, after he was suspected in knowingly causing or attempting to cause harm to another by means of a deadly weapon.
Brown was indicted again in December for obstructing justice, a fifth-degree felony, and assault, a first-degree misdemeanor.
The incident occurred Oct. 2, 2021 at approximately 11:45 p.m. in a parking lot in the 200 block of North Main Street, where Bowling Green Police Division officers were dispatched for the report of gunshots.
Officers found a 21-year-old Bowling Green man lying on the ground. He was yelling that he had been shot in the leg, according to the police report. He was transported to a Toledo hospital, according to the report, with two gunshot wounds to the leg.
The victim’s uncle told police they were standing in line for a North Main Street bar. The line extended into the parking lot when an older-model car pulled up to a building nearby and people got out and started arguing with others.
Another witness also in line at the bar told police she thought it was about 5-10 minutes after the arguing when she heard gunshots.
Shell casings were found in the parking lot and circled with chalk, according to the report.
Witnesses gave police the license plate of a car the suspects might have gotten into, and that vehicle was spotted heading eastbound on East Wooster Street. It entered northbound Interstate 75 before it was stopped and the five people inside were asked to exit. They were taken to BGPD for interview, where it became obvious they were not being honest about the events, according to the police report.
They eventually were released.
Video of the area showed Brown punching another man. Viewing the video further, Brown’s group was the likely target of the shots, according to the report.
Video also showed the alleged shooter leave in a red vehicle.
Wood County Assistant Prosecuting Attorney Christopher Anderson offered a deal that included a guilty plea to the felonious assault and the misdemeanor assault charges and an amendment to the mandatory firearm specification prison term to one year from three years.
The minimum total prison time would be nine years.
Defense attorney Michael Kelley said he spoke to his client, who rejected the offer at this time.
Reger said he could impose a minimum sentence of 11 years and a maximum of 15 years for all charges.
A Daubert hearing will be scheduled with witness Steven Howard, who the defense claims is an expert on gunshot residue.
He is unqualified to testify in court and is not an expert, Anderson said about Howard.
“I don’t think his resume qualities him as an expert in gunshot residue,” he said.
Kelley said Howard has been recognized as a gunshot residue expert in 10 cases.
The trial is scheduled to begin Nov. 28 and the Daubert hearing, which is expected to take half a day, will occur before then.
The Daubert hearing will allow Reger to evaluate expert testimony and assess whether that testimony is based on scientifically valid reasoning.
Brown’s four co-defendants, all from Toledo, were indicted for obstructing justice for hindering the investigation.
Donavin K. Smith, 22, was sentenced in August to two years of community control and seven days in jail.
Deshawntae L. Madison, 21, was sentenced in July to two years of community control.
Kimonnie L. Anderson, 22, was sentenced in August to two years of community control.
Kevin B. Kouakou, 20, was sentenced in July to two years of community control. He also must complete 100 hours of community service work. He was driving the vehicle that left the scene of the shooting, according to the police report.
This shooting prompted the closing of that parking lot and increased police patrol on the following weekends in the downtown area.