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Plea bargain deal allows Clear Lake man to escape 5 sexual abuse charges

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.

Marcus Decarlo Brown awaits sentencing.
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