(CMR) Maples partner, David Marshall, has contacted Cayman Marl Road with a press release in relation to his recent arrest for aggravated battery causing great bodily harm – a felony in Miami, Florida.
The statement is from his wife, Jennifer Marshall, and was sent from her husband. In it she denies the allegation that she was battered by her husband of 14-years on his birthday over the weekend.
She claims that:
“The allegations made by the City of Miami Beach Police Department against David are false. My injuries were not the result of any battery or violent acts that David committed against me”.
She further states that at no time has she ever told anyone that he was the cause of injuries. Despite this, the Miami-Dade police have charged her husband with a felony aggravated assault after finding her unconscious in the hallway of their hotel in South Beach. The report acknowledges that she was uncooperative and that hospital staff reported inconsistencies in her story about how her injuries were obtained.
The peculiarity of this statement via her husband is that there is a stay away order in place. A stay away order will be a condition of the accused’s bond hearing. It forbids any contact between the two parties and the accused must say at least 500 feet away from the accuser unless the order is modified.
Marshall is a freelance writer and writes for publications such as Cayman Parent magazine. Based on her LinkedIn account she is also a solicitor that worked at the same law firm wither her husband – Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates from 2004-2005 in Corporate and Private Equity. She has a Bachelor of Law and Arts from The University of Western Australia.
She also worked for local law firm Campbells in 2015 as a Paralegal.
The police report also states that the investigating officer actually separated the two whilst conducting his initial interviews at the hospital because of suspicions of collusion.
Her press statement ends with asking the public to respect their “need for privacy at this time” and that no further comments would be made. CMR did inquiry as to how the injuries were allegedly sustained; but they have been instructed to make no further comment at this time.
Under Florida law domestic violence is any unlawful touching of a person classified by statute as a family or household member. The offense is harshly prosecuted throughout the state “with penalties and long-term consequences far exceeding that of a conventional battery.”
Domestic battery alone is a misdemeanor punishable with up to one year in jail or twelve months probation and $1,000 fine.
In this case, Marshall has been charged with felony/aggravated domestic battery. Aggravated battery is usually charged as a second degree felony with a maximum sentence of up to 15 years imprisonment and $10,000 in fines.
Florida is considered one of the strictest states to be arrested for any domestic incident. Even if a victim does not want to press charges. A charge of domestic violence can be used against a person in future domestic violence cases even if the original case was dropped or if the person was found not guilty. The first charge can also be used to elevate the a second charge to the felony level.
A charge of domestic violence cannot be expunged from a person’s record even if they are not convicted or the case is dropped – the charge will remain on Marshall’s criminal record forever.
In Florida a prosecution can proceed without the cooperation of the victim. Testimony of others, photographs and other forensic evidence is frequently used. A victim can also be subpoenaed against their will. As a general rule, a victim of a crime cannot refuse to testify on the basis of the Fifth Amendment and husband-wife privilege will also not likely apply.
Another online publication claims that “Marshall was so verbally abusive towards IT support at one of his former firms that they complied a CS of his “greatest hits” and presented it to him as a Christmas gift.”
His employer, Cayman law firm Maples remains characteristically silent on the allegations.