Judge upholds 2012 charges against developer in USOC deal
Author: Lance Benzel, The Gazette - July 18, 2018 - Updated: August 7, 2018
A once-prominent developer, accused of siphoning $1 million from a deal meant to keep the U.S. Olympic Committee headquarters in Colorado Springs, is again on track for a trial — more than six years after he was charged.
Ray Marshall, 54, is to appear for a preliminary hearing Oct. 19 on 41 counts of theft and racketeering.
Fourth Judicial District Judge Larry E. Schwartz set the court date Monday after tossing out the latest attempt by Marshall’s attorneys to get his charges discarded.
Preliminary hearings normally are held within a few months after someone is charged with a crime. But Marshall’s case, filed in 2012, has foundered since its infancy — dismissed twice by a former El Paso County district judge and reinstated twice by the Colorado Court of Appeals.
Prosecutors say Marshall diverted $1 million in grants and city funds from a $42.3 million deal that the city made in 2008 to ensure that the USOC stayed here. Those charges were filed just weeks before a jury acquitted him in a 2009 case alleging he defrauded investors in separate deals involving developments in the county.
Marshall’s lawyers argued that the racketeering allegations, which date to 2008, arose from the same actions for which he was acquitted, violating constitutional guarantees that he not be charged twice for the same alleged crimes.
Former District Judge Barney Iuppa dismissed the USOC case against Marshall in 2012 and 2015. The Colorado Court of Appeals twice overturned his decision, leading the charges to be reinstated in 2016. The Colorado Supreme Court declined to review the case last July, putting Marshall back on track for prosecution in El Paso County District Court.
In June, Schwartz laid the double jeopardy argument to rest, ruling against another effort by Marshall’s attorneys to get charges dismissed.
If convicted, Marshall faces up to 24 years in prison and $1 million in fines for racketeering, plus up to 12 years in prison and $750,000 for theft. He remains free on $50,000 bond, court records show.