Judge denies request for another continuance in Lawrence double homicide case
Rodney E. Marshall is pictured at a hearing on June 30, 2023, in Douglas County District Court.
A Douglas County judge denied a request on Wednesday to continue the preliminary hearing for a man accused of killing two people last summer.
The man, Rodney Ericson Marshall, 52, is charged with two counts of first-degree murder, five counts of attempted capital murder of a law enforcement officer and one count of attempted murder of a civilian, according to charging documents.
Marshall is accused of killing William D. O’Brien, 43, of Lawrence, and Shelby McCoy, 52, of Lawrence, on July 31, 2022, at separate locations, before leading police on a lengthy chase, during which he allegedly shot at them. The arrest affidavit that would provide more details into the allegations against Marshall has been sealed by the court. Marshall has indicated that he wants an immunity hearing to argue that he acted in self-defense, as the Journal-World reported.
The purpose of a preliminary hearing is for the court to determine whether there’s enough evidence to order the defendant to stand trial. Marshall’s preliminary hearing is scheduled for all day Friday.
Judge Amy Hanley denied the request from Marshall’s current attorneys, Cline Boone and Matthew Cohen. She said that Marshall has been in custody for 388 days and that she is concerned about his speedy trial rights.
Chief Assistant District Attorney Jennifer Tatum said that she did not object to the continuance but that the state would be ready on Friday.
Boone argued that Marshall was willing to waive his speedy trial rights, but Hanley said the case had lingered too long and that she had a duty to ensure that cases keep moving. She said the defense has requested continuances three times in the past, and while the current attorneys have not been on the case that entire time, Marshall has been in custody for too long to keep granting delays. She said the next full day the court would have available would be in January.

Rodney E. Marshall, left, and his attorney Cline Boone, right, at a hearing on June 30, 2023, in Douglas County District Court. Marshall is charged with two counts of murder in connection with the shooting deaths of two men and he is charged with multiple counts of attempted murder for allegedly shooting at police.
Marshall has been appointed multiple attorneys by the court. Most recently, attorney Joshua Allen was allowed to withdraw from the case in June, which delayed the proceedings. Marshall had initially requested that both Boone and Allen be removed from the case, but Boone said he had worked with Marshall to resolve their differences and that he would stay on the case.
Marshall’s previous attorneys, Michael Clarke and Carol Cline, withdrew from the case after Marshall and Clarke engaged in a physical altercation while discussing the case at the Douglas County Jail, as the Journal-World reported.
Hanley said that while Cohen was appointed only six weeks ago, Boone has been on the case for six months, which is ample time for an experienced attorney to prepare for a case.
Marshall has been in custody since his arrest on July 31, 2022, and is being held on a $1.5 million bond. He has multiple felony convictions in Clay County for aggravated assault, drug possession and criminal threat in 2009, and another drug possession conviction in 2015.







