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Jury Hung in Rape Trial of Monticello Man, with 10-2 vote

May 28th, 2011 by

The trial of Marcus Kellebrew, charged with the August, 2010 rape of a Monticello woman was held in the Drew County Courthouse, Friday.

A jury of 9 men and 3 women were unable to reach a unanimous decision in the case.  After 55 minutes of deliberation, they told judge Sam Pope that they had reached a stalemate.  Judge Pope again asked them attempt to reach a verdict. They returned 30 minutes later, with the same 10 guilty, 2 not guilty vote, telling the judge that they were not going to be able to get a unanimous decision.

Last August, Kellebrew allegedly attacked the woman after he came to her house, while she was sitting on the carport.  (The defense, including Killebrew’s parents, described the negative changes in his life and his attitude after returning from military service in Bosnia.)  During Kellebrew’s conversation with the victim, the issue of a child custody hearing was mentioned, which set Killebrew into a rage.  He allegedly pushed the victim over in her chair, causing her head to land hard on the concrete.  According to testimony, after being briefly knocked unconscious, she came to, realizing that Killebrew was choking her, tearing her shirt open from the neck to the bottom hem, and had his hand in her panties.

According to law, although “intercourse” did not take place, any penetration by hand or finger constitutes “rape”, under these circumstances.

Killebrew’s attorney Tylar Tapp, of Hot Springs, pointed out that the victim did not claim that she was raped when the crime took place.  Deputy prosecutor Franks Spain told the jury that it was not her fault that she didn’t know the legal descriptions of criminal acts, but pointed out that she did describe those details to emergency room staff that night.

The state rested their case before noon.  The defense started off the afternoon by calling Killebrew’s parents to testify about his mental condition.

A sealed “copy paper” box was delivered to the courtroom and 11:12, during the case.  Around 1:30, Tapp attempted to introduce that box into evidence, implying that it as should contain medical records from VA.  A short debate followed on what medical records had been included in discovery, and what could be included in the box

Judge Pope denied the motion to admit the box of documents into evidence, saying “This court is not going to wade through a box of 1500 documents to see what is relevant and what’s not relevant to this case.”

Killebrew did not take the stand, to speak out his own behalf.

Jury instructions began at 1:45, with the jury being told to reach a verdict on the charge of rape, or a second lesser, included charge of second-degree sexual assault, which they were unable to reach a unanimous decision on. 

The prosecuting attorney’s office will decide in the near future if this case will be reset for trial.

~~~~~~~~~~~~~~~~~
Local Man Charged with Assault & Attempted Rape of Victim
August 9, 2010

Marcus Kellebrew, age 37 of Monticello, was arrested at his N. Gabbert residence, following the alleged incidents that occurred last Tuesday evening around 10 pm. 

Kellebrew was charged with attempted rape and 2nd degree battery, after he reportedly attacked and choked the victim outside of her home.

The victim was transported to Drew Memorial Hospital by MASI, and was later released.

Kellebrew is currently in the Drew County Detention Facility on a $50,000 bond.

2 Responses to “Jury Hung in Rape Trial of Monticello Man, with 10-2 vote”

  1. just saying says:

    Mark needs some help, I live on North Gabbert street . He is one very odd person. Just saying………….

  2. Id says:

    Lots of people have mental conditions, but don’t get excused from crimes because of it. If he is that mentally unstable to physically hurt someone, Maybe he should be in a mental hospital. I feel for the guy considering he does have some issues, but he can’t be allowed to go around hurting innocent people.

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