News of the evidence came out Thursday at a pretrial hearing, but a judge ruled the video cannot be used against Shabar Marshall because he had not waived his right to have his father or an attorney present when he was present. Marshall was just 16 at the time of his arrest.
Although that made him old enough to be charged as an adult in the crime, he was still considered a juvenile under the laws concerning the legal rights of suspects being questioned by police.
Shabar Marshall and his 27-year-old older brother Jahaad are accused of entering the East Lane Street home of Jason Beyer in January. In the brutal home invasion, the brothers allegedly shot Beyer in the back when he tried to stop an attack on his wife. That shooting left Beyer paralyzed from the waist down.
In the video played in court Thursday, Shabar tells police that he and his brother were casing the neighborhood in the middle of the night and noticed a window open at the house. They surprised the homeowners in bed, and at one point Shabar said he sexually assaulted the woman.
When Beyer jumped on him, Shabar told the investigator "I was trying to wrestle with him and pushed him off."
He said that's when he heard a gunshot and took off running to their car. That essentially lays the blame for the shooting at the feet of his older brother.
The younger brother is currently on trial on unrelated burglary charges. The brothers will likely be tried together later in the home invasion.
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