Prosecutor Won’t Retry Jimmy Marks Jury Had Voted 11-1 To Acquit Gypsy Leader On Witness Intimidation, Conspiracy Charges

U.S. Attorney Jim Connelly said Tuesday his office will not retry Spokane Gypsy leader Jimmy Marks following a split jury verdict last week.

Marks was acquitted on Friday of one count of intimidating witnesses in a civil rights case.

But the 12-member U.S. District Court jury couldn’t reach a unanimous verdict on two other counts against Marks. The jury voted 11-1 to acquit him.

The hung jury led Judge Frem Nielsen to declare a mistrial on a second witness intimidation charge and a conspiracy count.

Six other members of the Marks family were all found not guilty of witness intimidation and conspiracy charges by the same jury.

The jury concluded there was insufficient evidence to convict the defendants of harassing, intimidating and assaulting other family members who were subpoenaed to be city witnesses in a pending civil rights case stemming from police raids 11 years ago.

Connelly said Tuesday the jury foreman called Assistant U.S. Attorney Frank Wilson, who prosecuted the case.

“He confirmed to us the 11-1 vote for acquittal, which did play a part in our decision not to retry Jimmy Marks,” Connelly said.

“We now believe that it’s unlikely that we would get a conviction, and that’s one of the criteria we look at in deciding whether to proceed with a case,” Connelly said.

Marks said he wasn’t surprised at Connelly’s decision, but remains puzzled about why prosecutors brought the case in the first place.

“They forced us to our knees in the criminal case, but it gave us much knowledge and strength,” Marks said.

“There have been barriers and countersuits and frivolous criminal charges so we won’t get to court with our civil rights case,” he said.

, DataTimes