Man sent to prison for shooting at man and hitting him with his car.

March 14, 2022

Marsala

Man sent to prison for shooting at man and hitting him with his car.

A love triangle fueled the crime.

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By Allison Scarbrough, Editor.

HART — A 30-year-old Shelby man who shot at another man with a handgun and hit him with his car was sentenced to 9-20 years in prison Monday, March 14.

Phillip Dean Marsala, of 716 W. Shelby Rd., pleaded “no contest” to assault with intent to murder.

Marsala, who has been lodged in the Oceana County Jail on a $250,000/cash/surety/10 percent bond awaiting sentencing, received credit for 284 days served in jail.

“Mr. Marsala turned himself in the same day,” said his attorney Ashley Siegel. “He was honest about the events with police officers. He told them where the weapon was and how to find it.”

The bullet went into the trunk of the victim’s car, said Siegel. Marsala sideswiped the victim’s car, and the victim jumped onto the windshield, she said. Marsala did not strike him head-on. The only immediate injury the victim suffered was a cut to his pinky finger, and he didn’t seek medical treatment that day, said the attorney.

“I also think it is relevant that Mr. Marsala was provoked,” said Siegel. “It was a fight over a girl. He passed the victim kind of by chance on the road. He wasn’t looking for the victim.”

Marsala was provoked when the victim “flipped him off” while driving back from the woman’s place of work who they were fighting over, she added.

“He wasn’t lying in wait, or planning, or plotting, or tracking down this victim.”

Judge Robert D. Springstead asked Marsala if he wanted to make a statement before he imposed his sentence.

“Just that I’m sorry that I’ve done it, and I wish that it was different,” said Marsala. “I wish that I never did it.”

The minimum sentence was agreed upon prior to the scoring of the current guidelines of 135-225 months, said Oceana County Prosecutor Joseph Bizon. “The 108 months was made in agreement with the victim who agreed that was an appropriate sentence,” he said.

The incident occurred the night of June 3, 2021 shortly after 10 p.m. at the intersection of First and State streets in the Village of Shelby, previously said Shelby Police Chief Steven Waltz.

The victim, a Shelby man who was 31 years old at the time, was struck by the car, Waltz said, but refused medical treatment and did not appear to be injured. He did not receive any gunshot wounds. Marsala turned himself in to authorities and was arrested, Waltz said. 

“The victim was hit by the defendant’s vehicle, and the defendant shot at the victim and struck him with his car,” said Judge Springstead.

According to testimony during the preliminary exam, the victim suffered extensive bruising and later sought treatment at a hospital. “He couldn’t sleep and couldn’t walk for a week,” said the judge. He also endures psychological injuries of nightmares, night sweats and insomnia.

Charges of assault with intent to do bodily harm less than murder and felony firearm were dismissed, according to  Bizon.

“Count two — assault with intent to do great bodily harm — was incompatible and dismissed as a matter of law,” explained Bizon. “You can’t be convicted of assault with intent to murder and assault to not murder at the same time.”

Although Marsala has no prior felony convictions, he has two prior misdemeanor convictions of assault in 2010 and 2011, said Judge Springstead.

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