A man who fired shots at FBI agents attempting to arrest him in Delaware County on Oct. 1, 2018, was sentenced in U.S. District Court, announced U.S. Attorney Trent Shores on Thursday.
U.S. District Judge Claire V. Eagan sentenced Brian Kirk Marshall, 50, of Pattonsburg, Missouri, to more than 30-years (382 months) in federal prison to be followed by five years of supervised release. Marshall pleaded guilty on June 5, 2019, to assaulting federal officers, obstruction of justice by attempting to kill witnesses, and carrying, using and discharging a firearm during and in relation to a crime of violence.
“As is evident from the headlines of the last few days, the men and women of law enforcement face life and death situations every day. There are ever-present threats to their safety and security. Defendant Brian Marshall was one of those threats. Not only did he have a history of threatening law enforcement via the internet, but Marshall picked up a gun and fired at FBI special agents attempting to arrest him in northeastern Oklahoma,” said U.S. Attorney Shores.
“You don’t do that in this district nor anywhere else without serious consequences. I am pleased with the substantial and lengthy prison sentence handed down today by United States District Court Judge Eagan. To the men and women of law enforcement who keep crime at bay in northeastern Oklahoma, thank you for all that you do to serve and protect our community. The United States Attorney’s Office has zero tolerance for threats and violent acts against law enforcement,” Shore stated in a press release.
During his allocution before Judge Eagan, Marshall confessed to firing shots at FBI agents after its SWAT Team had appropriately identified themselves and attempted to have all occupants evacuate safely out of the building. The FBI returned fire in accordance with protocol, at which point Marshall surrendered to authorities. In total, Marshall admitted to firing eight rounds at FBI agents. No agents were harmed and the cop-hating gunman was taken into custody with harm to himself or civilians who evacuated the premises.
Marshall’s gun battle occurred when the FBI was attempting to execute a federal search warrant for Marshall’s Delaware County residence; as well as an arrest warrant for interstate communication of threats Marshall allegedly made, in which he had threatened to kill police officers.
Marshall remains in the custody of the U.S. Marshals Service until transfer to a U.S. Bureau of Prisons facility.
Assistant U.S. Attorney Robert T. Raley is prosecuting the case. AUSA Raley is the National Security Anti-Terrorism (ATAC) Prosecutor for the U.S. Attorney’s Office in the Northern District of Oklahoma