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Affidavit: Alamosa attorney says he shot driver in the head for hitting his wife during protests

Officers said they did not see James Marshall's wife get hit after watching video of the incident that was captured by a nearby security camera.
Credit: Alamosa County Sheriff's Office

ALAMOSA, Colo. — A man was arrested and is facing charges for attempted murder and assault after he said his wife was hit by a car while protesting in Alamosa, so he shot the driver to protect her, according to an affidavit for his arrest from the Alamosa Police Department (APD). However, video of the incident appears to contradict his version of events.

James Marshall, 27, a defense attorney in Alamosa, was arrested in connection to the June 4 incident, which the affidavit says started when the victim drove through an intersection where a protest was happening.

RELATED: Man arrested in connection to downtown Alamosa shooting

Just before 6 p.m., the affidavit says the victim, identified as Danny Pruitt of Canon City, stopped at a red light near the intersection of Main Street and State Avenue in Alamosa.

At the same time, many protesters, including Marshall and his wife, were in the intersection, the affidavit says. Marshall's law office is near where the protest was taking place, but he told investigators he had planned to attend to the event.

Surveillance video from a nearby store shows Pruitt inch his vehicle forward through the crowd of protesters who split to avoid being hit, the affidavit says.

RELATED: Video: Driver appears to intentionally hit man protesting death of George Floyd

RELATED: Man who says he was hit by vehicle at Denver protest says driver was trying to push through crowd

The affidavit says the video also shows Marshall reach into his waistband, pull out an item police believe was a handgun and point it at the truck. Marshall and his wife are then seen running away.

During an interview with police, Marshall admitted to shooting Pruitt and said he did it because his wife was hit by the truck Pruitt was driving. Marshall told officers he was afraid for her life and that he was legally carrying the weapon.

An officer who reviewed the surveillance video said he did not see Marshall's wife get hit by the vehicle and noted in an interview with Marshall that "the video footage did not show his wife as he explained." According to the affidavit, Marshall responded, "the video could be wrong."

The officer also noticed, according to the affidavit, that Marshall had shaved his face after the incident prior to being interviewed by police. When asked why, Marshall responded, "if he was going to jail he wanted to shave," the affidavit says.

Pruitt, who the affidavit says was shot in the head, was initially treated at San Luis Valley Health and later flown to UCHealth Memorial Hospital in Colorado Springs for further treatment. As of late Tuesday, there was no update on his condition.

Marshall is facing charges for:

  • Criminal attempt to commit 2nd-degree murder
  • 1st-degree assault
  • Reckless endangerment
  • Felony menacing
  • Criminal mischief
  • Illegal discharge of a firearm
  • Prohibited use of weapons

The Alamosa County Sheriff's Office (ACSO), in a Facebook post, said Marshall posted $60,000 bond on June 5.

The sheriff's office said Marshall's bond was originally set at $50,000. Marshall appealed for a bond reduction from a judge, but the judge denied the request, according to the ACSO.

The judge then increased Marshall's bond to $60,000 after deeming that to be the right amount after looking at the charges against Marshall, according to the sheriff's office.

Alamosa is located about 235 driving miles from Denver along Highway 160 in the San Luis Valley of southern Colorado.

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