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BUTLER COUNTY COMMON PLEAS COURT

Ex-Miami player avoids prison, but is headed to jail

By Lauren Pack

Staff Writer

Thursday, November 20, 2008

HAMILTON — A former Miami University football player will be going to jail for a burglary conviction stemming from a dormitory break-in.

Zachary Marshall, a Mason High School graduate who anticipated playing offensive lineman for the RedHawks this year, was sentenced Wednesday, Nov. 19, by Butler County Common Pleas Judge Michael Sage to 60 days in the Butler County Jail with credit for 36 days served.

Sage also ordered Marshall, 21, to serve 120 days of house arrest, one year of supervised probation; four years of general probation; 200 hours of community service; and to get drug and alcohol treatment.

Defense attorney Robert Peeler stood beside his 6-foot-7 client just before sentencing and told the judge, "he now understands he got himself in this situation by binge drinking. Binge drinking kills students."

Peeler said Marshall drank to the point he does not recall what happened the May night he entered Melissa Saumure's Havinghurst Hall room.

"Zach is a very salvageable young man," Peeler said, also noting Marshall's lack of any previous criminal record as a reason to keep him out of prison; he could have received up to 18 months behind bars.

Marshall cried as he offered an apology to his family, friends, the victim and even the judge.

"(There is) no excuse for my behavior. I chose to go out and drink excessively and my actions caused us to be here today," Marshall said. "I realize I have a problem with alcohol."

Marshall was convicted last month on burglary charges after he twice entered Saumure's room. In the second break-in, Marshall flopped down on top of her and placed a pillow over her face before leaving after a struggle, according to court records.

Saumure was in the courtroom for sentencing, but had no comment.


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