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Judge Michael Dellostritto strikes firearm enhancements in sentencing Isaiah Marshall

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Posted at 4:20 PM, Aug 28, 2020
and last updated 2020-08-28 19:20:55-04

BAKERSFIELD, Calif. — On June 18, a Kern County jury found Isaiah Marshall guilty of attempted voluntary manslaughter, shooting from a vehicle, and assault with a firearm for a November 2019 shooting.

The jury also found Marshall personally discharged a firearm during the commission of the crimes and caused great bodily injury to the victim.

The case was prosecuted by DDA Gina Pearl and DDA Megan Keavney.

The shooting occurred on November 15, 2019, leaving one victim suffering from a gunshot wound to the chest. The victim was treated at the scene and then taken to Kern Medical Center.

On Friday, Marshall’s case came to Judge Dellostritto for sentencing based upon the jury’s findings of guilt.

Among the charges Marshall was convicted was an enhancement for discharging a firearm during the commission of felony where the discharge of the firearm resulted in great bodily injury to the victim.

The punishment is 25 years to life in addition to punishment for the felony.

Judge Dellostritto’s ruling dismissing the firearms enhancement is a reflection of the Judge’s opinion that it is not in the “interest of justice” for this defendant, who has been proven guilty of shooting an unarmed man at point-blank range over a dispute about a parking spot, then fleeing the scene, leaving the man bleeding out on the pavement, to be sentenced to a life term in prison in accord with the law.

Marshall faced 32 years to life in prison for the shooting, and the Probation Department recommended the full sentence be imposed based on several aggravating factors of the crime outnumbering the mitigating factors.

Judge Dellostritto’s final sentence imposed was 18 years, 6 months, and does not include a life term in prison.