MASON CITY – Marcus DeCarlo Brown, age 25, was originally charged with 6 class C felony counts of 3rd Degree Sexual Abuse against a 12-13 year old following an investigation by Clear Lake police department that started on July 29th of this year. The investigation culminated in the arrest of Brown on August 5th.
Brown had been scheduled to go to trial on the 6 sexual abuse charges on Tuesday, October 30th.
Instead a plea change hearing was requested on Friday, October 26th, after Brown’s lawyer Richard Tompkins JR and Assistant Cerro Gordo County Attorney Rachel Ginbey worked out a plea bargain agreement to avoid the scheduled trial.
At the plea change hearing on Monday, October 29th, Marcus Brown pled guilty to just one of the sexual abuse charges in exchange for the Cerro Gordo County District Attorney’s Office to not prosecute the 5 other sexual abuse charges.
Brown had faced up to 60 years in prison had he been convicted of all 6 original charges. By pleading guilty to just 1 of the original charges under the plea agreement Brown can only be sentenced to 10 years in prison maximum. With the Iowa Department of Corrections current parole policies he could be released after serving 5 years, if he receives a jail sentence.
A sentencing hearing has been set for January 7th at 9:40 am in Cerro Gordo County District Court.
A pre-sentence investigation has been ordered that should reveal Marcus Brown’s criminal history which includes;
A 2005 class C felony conviction in Polk County for possession with intent to deliver crack cocaine.
A 2005 serious misdemeanor conviction of 4th degree theft.
A 2005 simple misdemeanor conviction of 5th degree theft.
A 2007 serious misdemeanor charge in Polk County for a voluntary absence – escape from a Ft Des Moines residential treatment facility, which was amended to interference with official acts.
Two 2006 simple misdemeanor convictions of criminal trespass.
A 2006 serious misdemeanor conviction in Polk County for a possession of a controlled substance.
A 2007 serious misdemeanor conviction in Polk County for a voluntary absence – escape from a Ft Des Moines residential treatment facilty.
A 2009 parole violation.
Marcus Brown remains in the Cerro Gordo County Jail in the men’s maximum wing on a $50,000 or 10% cash or surety bond requirement.
I really think this county attorney’s office needs to investigated. If the people there do not want to do what they are paid to do by my tax money then get the hell out off town or go be a Wall Mart Greeter but they would probably screw that job up as well.
what is going on with not putting sex offenders away for good bet if it was there child or relative then it would be diffrent.
This is sad beyond words to have a predator out in such a short time.
Another well-rounded criminal who may get off lightly. However,weren’t all these counts with the same girl? That may be why they were plea-bargained down to one count. And maybe the girl and her family agreed to this deal so she didn’t have to testify. It was statutory rape and you don’t need or perhaps want a defense attorney asking any questions of the victim.
how DISGUSTING it is to see you defend this bastard FOR ANY REASON!!!
it is neither important nor relevant if it was 1 girl or 6 girls~ the FACT he had sex 6 times with a child is the issue…
yes, im sure it isnt very much “fun” for anyone of any age to have to relive the account, BUT there are ways to protect someone that young when testifying- she can testify via video, closed circuit tv, or in an controlled enviornment of other sorts..
THERE IS NO EXCUSE FOR HIM OR HIS BEHAVIOR- SO STOP TRYING TO JUSTIFY WHY THIS DOUCHE ISN’T SERVING 60 YRS!!!
ugh, like i said- you just make me sick with you’re trying to defend or offer up an explanation for this scum…
WHOA!!! I was NOT defending him. I would never defend a sex offender of any type. I was trying to EXPLAIN why they perhaps plea bargained him down. Defense attorneys play games to get what THEY want. If the parents don’t want to put their daughter through the questioning, or the daughter won’t cooperate for some reason, it doesn’t leave the DA much choice but to bargain with the defense.
If you are the parent of this girl and you feel you didn’t get justice, then I’m really sorry. I would be furious as well if 5 counts were plea bargained away and you didn’t get a trial that you wanted. I guess I always thought the victim and parents were consulted in a case like this and their agreement to a plea bargain was sought.
Katies right no one wants these people getting any kind of plea deal. It doesn’t matter what you know it’s what you can prove and their could be many reasons why this happened. I just hope this girl can get past this and have a happy life.
I wouldn’t be surprised if he gets released for trick or treating hours as part of the plea agreement.
I must agree with all the comments that have come in as of 1:03PM Oct.31. I can’t believe it if I hadn’t read it for myself.
Matt:
Didn’t ACA Ginbey work out another plea agreement just a few months ago along these same lines? Letting someone off, as I understand it, because she just didn’t want to do her job?
No wonder the crime rate is going higher. All the scum comes here because they know our jistice system has absolutely nothing to do with justice.
I would be furious if I were the parents of one of those children. The cops have to feel like all of their work was for nothing. I’ve always felt like Mason City/Cerro Gordo was a haven for criminals. Nothing happens to them in this county for sure!!!
Terrible, terrible attorneys and judges in this county!!
how DISGUSTING!!! anyone having ANY sex crime, especially involving children should NOT be allowed or even have an opportunity to ‘plea it down!!!’ ESPECIALLY 1st time offenders.. I pray that bastard doesn’t reoffend because if it could’ve been prevented by him serving time for all 6 instead of 1- anyone involved in his plea deal should be held accountable as if they committed crime themselves for letting this guy off so easily!! WAKE UP JUDGES, COUNTY ATTORNEYS, and LAWYERS~ least you could do is protect the children of our “great” (use term loosely) city… DO YOUR EFF’N JOB AS IF IT WERE YOUR CHILD VIOLATED!!
Now this makes no sense at all ! The whole 60 years should have been served!
Something wrong with the system !
This is B.S. This guy knew exactly what he was doing with a 13 year girl and should be put in jail for the maximum allowed.
OMG
What the hell is wrong with the Cerro Gordo County Attorney’s office?
Not wanting to put the child on the stand? That is not reason enough to drop these other charges.
This fellow will be out in 5 years. During those 5 years he will hone his skills and when released will repeat as a criminal.
We need a new County Attorney!
This is BS he should be charged for everyone of them then put to death!!!!
With such a wonderful record it’s nice to see this young man get a break. He will most likely be walking the streets again in a few days. What a joke this legal system has turned in to. If things like this keep up and they keep getting off easy you will soon see a father take true JUSTICE in his own hands.
That DA needs a reality check. Who in their right mind would let rhis pos plea down??? I hope he runs into one pissed off dad.
What a joke!!!! Because of a plea agreement this puke will be out of prison in 18 months, “if” convicted!! But a non-violent man seized with a little pot in his pocket is incarcerated for 5 years, plus supervised probation for another three. Another great example set by the judicial system in North Iowa.
Wow…..6 counts reduced to 1….Parents, keep an eye on your children! What is wrong with the county attorney…This man should not be on the loose!