An Alamosa attorney, who is accused of shooting a Cañon City resident in the back of the head, will go to trial in late August.
James Edward Marshall IV, 27, has been charged with 10 counts, including attempted murder and assault. He is accused of shooting Danny Von Pruitt, Jr., 49, in the back of the head with a Glock 43 .9mm during a protest June 4, 2020, in Alamosa.
Judge Gilbert Anthony Martinez on Monday morning set the eight-day trial to begin at 8:30 a.m. Aug. 30.
Attorneys for the prosecution and the defense said negotiations for an agreement to resolve the case are ongoing but a resolution hasn’t been reached.
Martinez also set a motions hearing for July 12 but a hearing could happen earlier if parties reach an agreement before the trial is set to begin.
According to an amended complaint that was filed by the 12th Judicial District Attorney’s Office, Marshall is charged with criminal attempt to commit murder in the second degree, three counts of crime of violence, first-degree assault, second-degree assault, illegal discharge of a firearm, menacing, reckless endangerment and criminal mischief.
A probable cause for arrest affidavit penned by Alamosa Police Detective John Vasquez states that the shooting happened just before 6 p.m. June 4 in the area of Main Street and State Avenue during a protest in response to the death of George Floyd, who died at the hands of a Minneapolis police officer May 25.
Von Pruitt, Jr., reportedly was driving a truck that was seen on video footage from the Narrow Gauge Book Store that showed a group of protesters in the crosswalk at Main Street and State Avenue.
“The victim’s truck is seen slowing down almost to a complete stop and protestors are standing in front of the truck,” the affidavit states. “The truck continues to inch forward. Protestors move to both sides of the truck to avoid being hit.”
Vasquez states that he also observed Marshall “reach to his rear waist and pull an item up believed to be a handgun and point it toward the pickup truck as it continues traveling west.”
The vehicle traveled a few more feet to the west and stopped. The video footage showed Marshall and his wife, Mariah Lorraine, 26, running eastbound on the north side of the sidewalk of Main Street.
Pruitt was taken by ambulance to San Luis Valley Health and later was flown to another hospital in critical condition.
During the interview with Vasquez, Marshall told him that he was part of the protest that was at his law office, according to the affidavit. The protestors were in the crosswalk during the red light when Pruitt’s truck pulled up to the intersection and then went forward. Marshall said he went to the passenger side of the truck and observed the truck come into contact with his wife in front of the vehicle.
“James said he was in fear for his wife’s safety of being run over and he fired a shot into the truck,” the affidavit states.
Marshall told Vasquez that he has a concealed carry permit and has gone through training. He recited three firearms rules, including “never point your gun at anything you are not willing to kill.”
Vasquez said the video footage does not show Marshall’s wife as he had explained to which Marshall responded “the video could be wrong.”
