Men accused in shooting death in court for hearing

Brown, Smith face first-degree murder charges in 2015 slaying

Two of three defendants accused in the shooting death of a Texarkana man last year appeared Monday morning for pretrial hearings in a Bowie County courtroom.
Brandon Eric Brown, 22, and Marquell Deonte Smith, 21, stood before 202nd District Judge Leon Pesek Jr. at separate hearings, but the focus of discussion among their lawyers, the prosecution and the court was the same. Brown, Marquell Smith and Shamari Newton, 25, are charged with first-degree murder in the February shooting death of Christopher Guilbeau.
Brown's lawyer, Al Smith of Texarkana, told the court Monday he expects the Sixth District Court of Appeals headquartered in Texarkana to issue a ruling soon as to whether Pesek overstepped his authority when he denied requests to lower bail. Brown's bail is set at $750,000.
Marquell Smith's bail is set at $1 million. Chief Public Defender Rick Shumaker said he too is awaiting a ruling from the higher court regarding bail. Al Smith and Shumaker both filed briefs in early January complaining that Pesek abused his discretion and disregarded well-established law when he left the bail amounts intact at the end of hearings Dec. 8.
Under Texas law, defendants detained under a felony charge must be given a personal bond or have bail set at an affordable amount if 90 days pass from the date of arrest and the state is not ready for trial. Al Smith and Shumaker both argued at hearings in December that such legislation applies in Brown's and Marquell Smith's cases.
But at the end of the hearings, Pesek called the 90-day law "unreasonable" and declined to lower bail.
Both men were arrested in Tulsa, Okla., on March 5, 2015, in Guilbeau's pickup. The day before, Guilbeau's family reported him missing to Texarkana, Ark., police and his truck was listed nationwide as stolen and sought in connection with a missing-person case. Guilbeau's body was discovered in an alley in Texarkana, Texas, on March 6.
Brown and Marquell Smith were released from Oklahoma custody and brought to Bowie County to face charges July 30 and have remained in jail since. A Bowie County grand jury indicted Brown, Marquell Smith and Newton Nov. 18. According to the defense briefs, the indictments came 111 days after their incarceration in Texas and 256 days after a warrant was issued for their arrests.
The defense lawyers point to testimony from Texarkana, Texas, police Detective Matt Cashatt as evidence the state was not ready for trial within 90 days. At the Dec. 8 hearing, Cashatt testified he has provided the state with a probable cause affidavit and an "incomplete" investigative file.
The defense briefs argue that Pesek erred by not granting the bail reductions, alleging the state failed to show it was ready for trial. The defense also argues that Pesek "abused his discretion" when he essentially ruled the law unconstitutional by describing it as "unreasonable."
First Assistant District Attorney Mike Shepherd and Assistant District Attorney Katie Carter said they have turned over a great deal of evidence to the defense, as required in a criminal case, but some digital recordings remain to be copied and shared. Pesek scheduled Brown and Marquell Smith to return to court in March for pretrial hearings and said he hopes all discovery will be completed by then.
Newton is scheduled to appear in court for a pre-trial hearing before Pesek next week.
If convicted of first degree-murder, the three defendants face sentences of five to 99 years or life in a Texas prison.

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