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Thread: Cop's wife arrested for brandishing inside her own home

  1. #1
    Regular Member Repeater's Avatar
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    Cop's wife arrested for brandishing inside her own home

    How can someone be arrested for brandishing a gun inside your own home?

    Richmond police lieutenant on leave after marital dispute
    Richmond police Lt. Erlan Marshall is on leave following an incident on Aug. 20 in which his wife admits she bit him and pointed a gun at him during an early-morning altercation at their home in Chesterfield County.

    Hours after the dispute, Marshall’s wife, Tawana D. Marshall, 42, was charged by Chesterfield police with misdemeanor assault and battery and misdemeanor brandishing a firearm, according to arrest warrants.

    ...

    She wrote in the complaint that she tried to lock him out of the bedroom, but he kicked the door open, pushed her on the bed and got on top of her, leading her to bite him and point a gun at him, but he still refused to leave the bedroom.

    “He stated you won’t shoot me,” Tawana Marshall wrote. “I said I’ll do one better. I reached for my phone and called the police. While talking to dispatch I explain I had a gun and he keeps following me.”

    Erlan Marshall has also been charged with misdemeanor assault and battery.
    It's supposed to be legal to brandish in self-defense.

    Anyway, with 'Domestic Violence' in the news, here is a woman who apparently was trying to defend herself, and she gets arrested.

    Problem is, with he said/she said and cross-complaints and arrest warrants, these incidents can get very messy.

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    A story about a psycho cop and psycho wife .. classic Americana.

    If the crazy girl was actually in fear for her safety is the question to be answered and if her actions were OK.

    Maybe there was no physical evidence (like evidence that the door was actually kicked in) to support her claims.

    Or its just the good old boys way of dealing with these issues .... not really enough facts to say either way.

  3. #3
    Regular Member papa bear's Avatar
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    sounds like here mistake was to try to defend herself from one of the anointed ones. wonder what would have happened if she had shot him

    and will he be banned from owning firearms because of domestic problems?
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
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    i you call a CHP a CCW then you are really stupid. period.

  4. #4
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by Repeater View Post
    How can someone be arrested for brandishing a gun inside your own home?

    ....
    Captain Obvious has reminded me that neither § 18.2-282 nor § 18.2-282.1 specify that the act has to take place outside, or in public, or only at certain times of day.

    He has also reminded me that anybody can be charged with brandishing - even when there is nothing more dangerous than an index finger involved.

    If she had shot him to death there would only be one side to the story and a claim of self defense might be easier to support.

    And while the cop may be prohibited from possessing or otherwise being involved in guns that were involved in interstate commerce, that will not stop him from carrying and using a gun on the job. But then we have the amusing factoid that User reminds us of every so often - Virginia does not have a law against "domestic violence" which is what triggers the Lautenburg Amendment restrictions.

    stay safe.
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    Because stupidity isn't a race, and everybody can win.

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    Regular Member Maverick9's Avatar
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    Her mistake was talking. She self-incriminated.

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    Accomplished Advocate peter nap's Avatar
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    It's an interesting case but as already mentioned, there aren't a lot of facts known.

    It reminds me of a case in Elkton many years ago. A fellow named Loker had an argument with an abusive wife. HE went in their bedroom and locked the door which she broke down. He shot her with a 16 ga shotgun....which I have....

    He was found not guilty after being charged with murder.

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    Quote Originally Posted by peter nap View Post
    It's an interesting case but as already mentioned, there aren't a lot of facts known.

    It reminds me of a case in Elkton many years ago. A fellow named Loker had an argument with an abusive wife. HE went in their bedroom and locked the door which she broke down. He shot her with a 16 ga shotgun....which I have....

    He was found not guilty after being charged with murder.
    Hilarious story ! a 16 ga...who has those anymore? (besides peter)

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    Hilarious story ! a 16 ga...who has those anymore? (besides peter)
    I have his shotgun...the one he shot her with. But it was a funny story of sorts. Mostly the same situation in reverse.

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    Regular Member TFred's Avatar
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    Quote Originally Posted by peter nap View Post
    I have his shotgun...the one he shot her with. But it was a funny story of sorts. Mostly the same situation in reverse.
    Interesting coincidence, this blog just posted yesterday:

    Incendiary Image of the Day: Arthur Bremmer’s Revolver Edition

    TFred

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    Regular Member papa bear's Avatar
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    Quote Originally Posted by peter nap View Post
    I have his shotgun...the one he shot her with. But it was a funny story of sorts. Mostly the same situation in reverse.
    except , she wasn't of the priveleged
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

    i you call a CHP a CCW then you are really stupid. period.

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    So a woman gets into some sort of a disagreement with her police officer husband. The situation escalates to the point that she locks herself in the bedroom. He kicks in the door, assaults her (pushes her onto the bed and holds her there). She bites him and points a firearm at him in an effort to get him to release her. He doesn't. She calls police for help. They show up.... and eventually arrest HER.

    Am I missing something, or is this another example of: 'If you call the police for 'help'... don't be surprised if the help they provide, is not the help you were looking for.'

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    Quote Originally Posted by Blk97F150 View Post
    So a woman gets into some sort of a disagreement with her police officer husband. The situation escalates to the point that she locks herself in the bedroom. He kicks in the door, assaults her (pushes her onto the bed and holds her there). She bites him and points a firearm at him in an effort to get him to release her. He doesn't. She calls police for help. They show up.... and eventually arrest HER.

    Am I missing something, or is this another example of: 'If you call the police for 'help'... don't be surprised if the help they provide, is not the help you were looking for.'

    Assuming we aren't missing some crucial details (and with the media today, there's a 99+% chance that we ARE), then yes. It sounds like your assessment is spot on.

    That said, I can't even begin to fathom a single detail that would change this story, unless it can be shown that SHE started the altercation - but that would partially exhonorate the officer, so why leave it out?

  13. #13
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by Blk97F150 View Post
    So a woman gets into some sort of a disagreement with her police officer husband. The situation escalates to the point that she locks herself in the bedroom. He kicks in the door, assaults her (pushes her onto the bed and holds her there). She bites him and points a firearm at him in an effort to get him to release her. He doesn't. She calls police for help. They show up.... and eventually arrest HER.

    Am I missing something, or is this another example of: 'If you call the police for 'help'... don't be surprised if the help they provide, is not the help you were looking for.'
    Apparently the police believed that the hypothetical "reasonable person" would not apprehend that having a bedroom door kicked in so that your angry spouse could push you onto the bed where he held you there is not a threat of imminent death or serious bodily injury, and thus the brandishing of a firearm was not done in self defense.

    How convenient to save the court system all that time and trouble having to hear he said/she said and be able to jump straight ahead to sentencing.

    [you decide if that was or was not sarcasm. I wrote it and am still not sure.]

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
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    My nephew does…,

    Quote Originally Posted by davidmcbeth View Post
    Hilarious story ! a 16 ga...who has those anymore? (besides peter)
    It was mine originally, a Christmas gift when I was sixteen. It took down my nephew's first buck. That's why he has it now, because I love him, and I understand sentimentality.

    sidestreet

    Jeremiah 29 vs. 11-13

    we are not equal, we will never be equal, but we must be relentless.
    Last edited by sidestreet; 09-22-2014 at 08:26 AM.

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    Yeah, you left out the part that says…,

    Quote Originally Posted by Blk97F150 View Post
    So a woman gets into some sort of a disagreement with her police officer husband. The situation escalates to the point that she locks herself in the bedroom. He kicks in the door, assaults her (pushes her onto the bed and holds her there). She bites him and points a firearm at him in an effort to get him to release her. He doesn't. She calls police for help. They show up.... and eventually arrest HER.

    Am I missing something, or is this another example of: 'If you call the police for 'help'... don't be surprised if the help they provide, is not the help you were looking for.'
    The first rule in law enforcement is to "go home at the end of your shift", which "they" (but not us) can liberally amend to add "whether your spouse, children, family, (insert your own choice of word/s) does or not."

    Your quote is spot on. Should be the first "rule" for anyone considering dialing 911. I might also add, don't necessarily expect any "help" at all.

    sidestreet

    Jeremiah 29 vs. 11-13

    we are not equal, we will never be equal, but we must be relentless.

  16. #16
    Regular Member OC for ME's Avatar
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    Cops don't take too kindly to one of their own being head to a different standard, namely the standard citizens are held to.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Regular Member Primus's Avatar
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    Quote Originally Posted by OC for ME View Post
    Cops don't take too kindly to one of their own being head to a different standard, namely the standard citizens are held to.
    Sick burn....
    "The wicked flee when no man persueth: but the righteous are as bold as a lion" Proverbs 28:1

  18. #18
    Regular Member Repeater's Avatar
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    Quote Originally Posted by Blk97F150 View Post
    So a woman gets into some sort of a disagreement with her police officer husband. The situation escalates to the point that she locks herself in the bedroom. He kicks in the door, assaults her (pushes her onto the bed and holds her there). She bites him and points a firearm at him in an effort to get him to release her. He doesn't. She calls police for help. They show up.... and eventually arrest HER.

    Am I missing something, or is this another example of: 'If you call the police for 'help'... don't be surprised if the help they provide, is not the help you were looking for.'
    There is all this "conversation" about domestic violence within the NFL, but little discussion of self-defense. And when discussing the topic, the media ought to look at incidences of violence within law enforcement also.

    Sadly, it seems many who claim to be advocates for women are opposed to women arming themselves.

  19. #19
    Campaign Veteran marshaul's Avatar
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    It's hard not to assume this is a bit of "professional courtesy" going on.

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