BILLINGS — Law-enforcement officers who shot and killed a man wanted for burglary outside a Billings hospital were expected to defend their use of lethal force Thursday in a coroner’s inquest to determine whether their actions were justified.
Members of the U.S. Marshal’s Violent Offender task force who were searching for John Barry Marshall, 48, on a $10,000 burglary warrant shot him Jan. 30 outside Billings Clinic after Marshall drew a gun and ran, witnesses testified on Wednesday, the first day of the inquest.
Marshall did not fire his gun before six officers began shooting at him, said Marvin Dahl, the lead investigator for the state Department of Criminal Investigation. Twenty spent casings were recovered from the scene, none from the handgun in Marshall’s possession, Dahl said.
Witnesses said they heard officers yelling at Marshall to stop and to drop the gun multiple times before they heard shots.
Steve Theis, a hospital employee, testified that he saw Marshall fall while holding a gun and that officers yelled at him to stay down. Theis said he did not hear any gunshots before Marshall fell.
Marshall died of gunshot wounds to the chest, forensic pathologist Thomas Bennett testified. The injuries were consistent with someone who was on the ground and had turned to face officers, Bennett said.
The pathologist said he recovered 14 bullets, and perhaps one more, and he identified 21 bullet entry wounds in Marshall’s body. A toxicology report showed a high level of methamphetamines in Marshall’s system.
A jury will recommend whether the officers were justified in the shooting, and the Yellowstone County Attorney’s Office will decide whether to pursue charges.
Marshall was at the hospital while his girlfriend was being treated for cancer, said Christopher Evans, the girlfriend’s father.
Billings Clinic nurse Dennis Nemitz said officers told him there was a potentially dangerous man in the hospital’s intensive care unit, prompting him to call a nurse in that unit, Pam Canon.
Canon said she asked the family to leave the hospital. Officers were waiting outside the emergency entrance, Nemitz said.
Michael Casey, a paramedic, said Marshall stopped and put his hand to his hip when he saw the officers in tactical gear appear.
“The man is staring at them, reaching for his waist, his arm swings out, and I see the gun,” Casey said.
Patrick Pederson, another hospital employee, said he saw a man begin running.
“Best I can make out, he tripped over something, and there were cops with guns, and I hear six, seven or eight shots, and I just keep walking, ’cause I’m headed to work,” Pederson said.
Sixteen witnesses in all testified on Wednesday. Eleven more were expected to take the stand.