Man Pleads Guilty to Assaulting and Attempting to Kill Federal Agents in Delaware County

A man who fired his weapon at FBI agents attempting to arrest him in Delaware County, in October 2018, pleaded guilty Wednesday to assaulting federal officers, announced U.S. Attorney Trent Shores.

Brian Kirk Marshall, 50, of Pattonsburg, Missouri, pleaded guilty in U.S. District Court to assaulting federal officers, obstruction of justice by attempting to kill witnesses, and carrying, using and discharging a firearm during and in relation to a crime of violence. U.S. District Judge Claire V. Eagan accepted Marshall’s plea and set sentencing for Aug. 27, 2019.

“The patience, professionalism, and excellence of the FBI Special Weapons and Tactics Team were on full display in the arrest of Brian Marshall, a self-described “cop killer.” Marshall was a fugitive from justice hiding in rural northeastern Oklahoma. For more than 40 minutes, an FBI negotiator tried to talk Marshall into surrendering peacefully. Instead, Marshall opened fire on the FBI agents. Marshall was ultimately taken into custody,” said U.S. Attorney Shores. “Today’s change of plea is a culmination of months of diligent work by FBI special agents and federal prosecutors. When criminals shoot at law enforcement, they can expect to receive the full weight of a federal prosecution.”

During the plea hearing, Marshall admitted to firing shots at FBI agents after the FBI SWAT Team had appropriately identified themselves and attempted to call all occupants safely out of the residence. The FBI returned fire in accordance with protocol, resulting in Marshall surrendering to authorities. In total, Marshall admitted to firing eight rounds at FBI agents. At the time of the incident, the FBI was attempting to execute a search warrant for Marshall’s Delaware County residence; as well as an arrest warrant for interstate communication of threats Marshall allegedly made, in which he threatened to kill police officers.

Marshall remains in the custody of the U.S. Marshals Service while awaiting sentencing.

The FBI is the investigative agency. Assistant U.S. Attorney Robert T. Raley is prosecuting the case. AUSA Raley is the National Security Anti-Terrorism (ATAC) Prosecutor for the U.S. Attorney’s Office in the Northern District of Oklahoma.