NEWS

Dismembered Cape Coral father feared his son

Melissa Montoya
News-Press
James "Rick" Marshall, pictured in an undated photo, at one of the work conference he attended.

The final months of James Marshall’s life were tumultuous.

His son threatened to slit his throat.

The situation became so severe the 58-year-old began sleeping in his room with a chair wedged against his bedroom door . He was so concerned he established a safe word — "Rocky" — to send it to his friend in case he needed police help.

Marshall never got the chance to use it.

Instead, investigators found Marshall’s torso wrapped in a sheet in a wooded area behind the Island Cove condo in southeast Cape Coral he shared with his son, on Feb. 22, six days after he was last seen alive.

Almost three weeks later, a suitcase found floating in a canal less than a mile away from his home contained his left arm, thighs and lower legs.

His head is still missing.

The same day police found Marshall's torso, his 33-year-old son Matthew Marshall was detained for skipping out on a bar tab in Cape Coral. More than two months later he was charged with second-degree murder, abuse of a dead body and tampering with or fabricating physical evidence in his father’s death.

Matthew Marshall, 33, was arrested by authorities in April and charged with the homicide of his father James "Rick" Marshall.

Court documents outlining the evidence for his arrest show how investigators – through interviews, forensics, technological analysis and tips – pieced together the gruesome death of Marshall and his son’s alleged involvement.

Cape Coral police called it a "lengthy and complex" investigation when they announced homicide charges against Matthew on April 26.

"While 'gruesomeness' is subjective, I would say this is certainly one of the most gruesome cases in our department’s history," said Cape Coral police Detective Sgt. Dana Coston, public affairs officer.

The police will continue to search for evidence in the case, said Detective Sgt. Bennett Walker.

"Out of respect for the family we do not wish to discuss details relating to the victim’s remains," Walker said.

Cape Coral police: Missing man case is now a homicide

A public defender will represent Matthew, according to court records. Matthew is scheduled for arraignment May 31. The Public Defender's Office for the 20th Judicial Circuit did not respond to a request for comment.

Threats

Matthew moved in with his father after Thanksgiving.

Marshall, at 6 feet and 180 pounds, was worried because his 250-pound, 6-foot-4-inch son, who had mental health issues, was strong and unpredictable. But, still the father didn’t want to leave Matthew homeless.

By the end of December, the relationship between father and son disintegrated further after Matthew put his dad into a chokehold and threatened to kill him if he didn’t drive him to Washington, D.C., so he could assassinate "George Bush and his family."

Marshall escaped, fled his condo and called the Cape Coral police.

Matthew was involuntarily institutionalized under the Baker Act by police officers. He was taken to SalusCare, a Fort Myers-based nonprofit mental health and substance center.

A police officer who transported Matthew to the treatment center told investigators Matthew asked him questions about how the department handles missing persons cases and death investigations.

Matthew also told the officer “he wasn’t worried about going to SalusCare because he would tell the staff what they wanted to hear, and he knew what to say to the doctor in order to get released.”

That incident occurred on Dec. 28, according to Marshall's best friend, 55-year-old Billy Broccio.

Matthew spent three days at SalusCare and was released, Broccio said. Marshall began looking for a permanent facility for his son, he said.

"He was gung ho on getting his son help," Broccio said. "He wanted to make sure his son was getting taken care of."

Todd Cordisco, vice president of public relations & development for SalusCare, said he cannot talk about a specific patient's interaction with the facility or even confirm that Matthew was a patient there in December.

Cordisco said when a patient held under the Baker Act is released, they are provided with follow-up care.

"Treatment is a two-way street," Cordisco said. "They have to show up for an appointment."

Broccio said he doesn't know if Matthew ever returned for care.

He became more volatile after his stay there Marshall told Broccio.

The father received a respite from the toxic situation in late January when his son left to bike to Tampa. He was relieved, but concerned for Matthew’s safety.

Four days later on Feb. 2, Marshall picked up his son in Clearwater after his bike broke.

Once he was back home, Matthew became more irrational and threatening to his father, leading Marshall to come up with the safe word with Broccio.

But, 14 days later co-workers stopped hearing from Marshall. He was described as a dependable employee, but failed to pick up airline tickets for a cross-country flight to teach investment at a conference.

His co-workers alerted authorities to his disappearance.

Evidence

Multiple witnesses recalled seeing a shirtless man, who fit Matthew’s description, walk across the condo parking lot, dripping wet, the day after Marshall was last seen alive.

One witness found it peculiar because the man was returning from the opposite direction of the pool.

“He had a blank stare,” one neighbor said.

Cape man arrested in father's homicide, dismemberment

During their initial conversation on Feb. 19, Matthew first told investigators he and his father had a good relationship. He said he wasn't concerned for his dad’s welfare or knew his whereabouts because Marshall traveled a lot.

He said if co-workers were worried, then a missing persons report should be made. Matthew told investigators that he last saw his father on Feb. 16, the last day Marshall was seen alive. He acknowledged he was the only person in the condo since then.

Investigators noted his voice “was shaking, he was trembling, and he appeared very nervous.”

He told detectives his father gave him a credit card to use for spending money. But everyone else interviewed said Marshall would never provide Matthew with money because he would spend it on alcohol.

Matthew had a tendency to become violent after drinking, they said.

Investigators examined bank statements and noticed Matthew had never used his father’s credit card prior to his disappearance.

James "Rick" Marshall, in an undated photo, at one of the work conferences he attended. Marshall  was known to friends as Rick.

On the day police discovered Marshall's torso, they arrested Matthew for an incident on Feb. 17, the day after Marshall disappeared. He failed to a pay a bar tab at BackStreets in Cape Coral after the credit card he used was declined. It was his father’s card. Matthew left the bar angry.

During a second visit to the condo, police and investigators noted a strong smell of chlorine which was absent on their first visit.

A forensic examination tested positive for a large amount of blood that had been cleaned from the shower in the father's bedroom. Broccio, his friend, told police Matthew wasn't allowed to use that shower.

A good father

Marshall told his ex-wife Mary Raveling “he was living in fear, but he would rather placate Matthew than put him back out on the streets.”

Raveling, 58, who was also threatened by Matthew, declined to comment.

James "Rick" Marshall, left, and Billy Broccio at a birthday celebration several years ago.

Marshall was the kind of person that always tried to help others, Broccio said.

"He had no clue what was wrong with his son," Broccio said. "If you know Rick, he was a wonderful, generous kind man."

"He was so outgoing and he never looked down on anybody."

He was a good father to Matthew and his younger brother Jordon Marshall, Broccio said.

"You couldn't ask for a better dad," Broccio said.

Jordon Marshall, 31, wrote passionately about his father on his Facebook page.

“He truly was an incredible man that spread love every where he went,” Jordon Marshall posted on March 5.

He could not be reached for comment.

“He was truly ... filled with joy, and I can not express my love for him in words. He was an amazing Father and my role model. The love and sacrifices that he made for me through out my life will live on in me.”

Correction: An earlier version of this story provided an incorrect location for the Island Cove condominium complex in Cape Coral.