Springs man ordered to stand trial on meth charges

A judge Tuesday ruled there is enough evidence – but just barely – to try a Colorado Springs man whose former $1 million home allegedly tested positive for methamphetamine.

Fourth Judicial District Judge David A. Gilbert ordered Brian P. Marshall to stand trial on charges of drug possession and conspiracy.

Gilbert added the evidence was “pretty close to the line” of what was required but said it will be up to a jury to decide the case. Following a preliminary hearing, Marshall pleaded not guilty to the charges.

Colorado Springs police arrested Marshall and his son Martin on Nov. 12 after investigators said a report by an independent industrial hygienist detected methamphetamine in the Marshall’s former home at 2340 Orchard Valley Road in the Peregrine neighborhood in northwest Colorado Springs.

The house is the subject of a lawsuit filed in September by a couple who said they paid just over $1 million for it but were unable to move in because of drug contamination.

Detective Marshall Trujillo testified Tuesday that the investigation began after Brian Marshall’s ex-wife sent police the hygienist’s report plus photographs from the home that showed aluminum foil, ammonia and rubber tubing that appeared to have crystals on it.

But Marshall’s defense lawyer Patrick Mika argued that prosecutors had failed to show any evidence that meth was being manufactured in the house or that his client knew about it.

Marshall, a former scientist with Lockheed Martin who worked on software for rocket technology, is now jobless and living in a motel, his lawyer said.

Mika said Marshall had been trying to help his son overcome a drug problem and had checked him into a rehabilitation program three times and got him into counseling.

The attorney also said Brian Marshall had called police to their home – where his son lived in the basement – after finding drug paraphernalia.

“The problem is he didn’t let his son hit rock bottom,” Mika told the judge. “His real crime is that he loves his son too much.”

For more court coverage, visit “The Sidebar” blog at gazette.com