Prosecutors seek to increase murder charge against man claiming self-defense
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IDAHO FALLS — Prosecutors are requesting a man be charged with first-degree murder after he withdrew his guilty plea to manslaughter a couple of weeks ago.
In a motion to amend the charges filed Tuesday, Bonneville County prosecutors asked for Marshall Dee Hendricks, 31, to be charged with the felony first-degree murder instead of the original second-degree murder charge. Hendricks was initially charged with second-degree murder for the 2019 fatal shooting of his friend Rory Neddo.
Hendricks is also facing charges of felony aggravated assault and unlawful possession of a firearm by a convicted felon. Prosecutors are also seeking a sentencing enhancement for the use of a deadly weapon in the alleged crimes.
Prosecutors say the amended charge better fits the evidence they have gathered since initially charging Hendricks. They allege testimony from earlier hearings indicates Hendricks had the intent to shoot and kill Neddo before the argument ensued.
In February, Hendricks initially reached a plea agreement with prosecutors, pleading guilty to felony voluntary manslaughter. As part of that plea agreement, prosecutors agreed to recommend Hendricks spend 10 to 25 years in prison.
After entering the plea, Hendricks hired private attorney Allen Browing who took a look at the case. During a change of plea hearing in June, Browning said the shooting of Neddo has a “lot of evidence that just screams out self-defense.”
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Hendricks took to the stand at the hearing, describing Neddo becoming upset because Hendricks had had sexual relations with Neddo’s ex-girlfriend. Hendricks testified he thought Neddo had a gun and made threats that he would never speak again. Hendricks said he then shot Neddo in self-defense.
Bonneville County Senior Deputy Prosecutor Russell Spencer argued the case against Hendricks “is as much as a first-degree murder case as it is a manslaughter case.” Spencer said Hendricks is the one who brought a gun to what could have been a fistfight, making the deadly force disproportionate to Neddo’s intent.
It is not yet clear with the new charge if Hendricks will take the case back to the magistrate court for a preliminary hearing, or waive that right and enter a plea. A jury trial for Hendricks in the case is scheduled to begin on Nov. 1.