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Grand jury: not enough evidence to charge islander in man’s shooting death

July 26, 2017
By ED FRANKS ( , Pine Island Eagle

After more than two years, a Lee County grand jury came back with "no true bill" ruling Monday, meaning John Marshall will not be charged in the shooting death of Theodore Hubbell on March 4, 2015.

The grand jury convened Thursday, July 13, and announced its decision last Monday afternoon, finding that the evidence submitted "is insufficient to rebut John Marshall's claim of justifiable self defense."

"No true bill" is a legal procedure to dismiss charges against a defendant when the grand jury does not find enough evidence to charge the defendant with violating a law. It's also called a "no bill."

Marshall and Hubbell were neighbors on Hodges Drive in Bokeelia. According to neighbors Gary Pierson and Jill Hammer, Marshall and Hubbell had argued about the construction of a house on Marshall's property.

In late February 2015, Marshall had placed a portable toilet on his property directly across the street from Hubbell's home. "Odor was an issue and Hubbell reportedly asked Marshall to move it and the two men exchanged words," Pierson said.

On March 4, 2015, an altercation took place in the street where Marshall claims Hubbell held a gun. According to statements made the following day by Marshall's attorney Robert Harris, "My client, Mr. Marshall, grabbed Mr. Hubbell's arm with the gun in it and they went to the ground fighting and during a violent struggle, the gun went off and unfortunately a man is dead."

Marshall then placed Hubbell's body in the bed of his pickup truck and drove nearly 30 miles to Harris' office in Fort Myers. Marshall told his attorney he shot Hubbell in self defense.

"We are not surprised with this result at all," Harris said. "We were convinced it was a self defense case from the night it started. When someone brings a gun, and it's you or him, what else can you do but defend yourself."

"I'm very disappointed with this result," Pierson said. "I've known Ted Hubbell for several years and I don't believe he was the aggressor - Ted just wasn't that kind of man. Ted was one of the kindest and gentlest people I've ever known.

"It's been two years since this happened and my wife Jill and I still miss him."



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