Judge denies motion to keep man in jail

A Quay County judge recently denied a motion by prosecutors to keep a Logan man accused of stabbing a woman in the eye with a fork behind bars until his case is adjudicated.

Marcus W. Hill, 39, of Logan, is charged with aggravated battery with a deadly weapon against a household member, abuse of a child (no death or great bodily harm) and contributing to the delinquency of a minor. The aggravated battery and child abuse counts are third-degree felonies that can lead to three years in prison and a $5,000 fine.

According to online court records, District Attorney Timothy Rose filed an expedited motion requesting pretrial detention for Hill until his case is resolved by a court. Rose said Hill’s actions “have terrorized the community” and that his repeated alcohol consumption turned into “dangerous outbursts” where citizens are afraid to report him or cooperate with police investigations. Rose also said Hill was flight risk and had a history of violating previous court orders.

District Judge Albert Mitchell Jr. on Aug. 13 denied the motion, ruling prosecutors did not show clear and convincing evidence there were no conditions of release available to protect the safety of the community and others if Hill were released.

Hill was released on recognizance bond. He is forbidden from consuming any alcohol or drugs, is forbidden from possessing firearms, must undergo random drug and alcohol testing and must wear an electronic ankle monitor that monitors the presence of alcohol in his bloodstream. Hill also was forbidden contact between with the alleged victims unless a counselor recommends an in-person session.

According to the initial criminal complaint filed by Logan Police Department senior officer Amber Reed in the case, she was sent to a home on July 31 in Logan where a woman ran up and screamed for help. The officer heard from a witness that another woman had been stabbed in the eye with a fork during a fight with Hill.

Officers went to Hill’s home, where they awakened a woman and found her with a trail of blood from her left eye. Officers later were told the victim would be transported to an Amarillo hospital, and a doctor feared the eye would be lost due to the injury.

Reed’s amended complaint also stated Hill punched a child in the back of the head and provided the child alcohol.

Mitchell the next day issued an arrest warrant for Hill on a count of aggravated assault with a deadly weapon.

Hill later was arrested in Clovis. A Tucumcari Magistrate Judge Noreen Hendrickson on Aug. 6 found probable cause to detain Hill and transferred the case to district court.

Tye Harmon of Clovis, listed as Hill’s attorney, disputed the account in the criminal complaint.

“There’s a whole lot more to the story,” Harmon said in a phone interview Friday. “The (victim) already has testified that Marcus did not do this to her. She’s indicated this was an accidental, being bumped into by other people. And there’s no eyewitnesses to the incident.”

Harmon also said he learned the woman did not lose the eye and was recovering from that injury.