Billings man shot by 6 officers had escalating legal problems

BILLINGS (AP) — A man shot and killed by six federal and local officers outside a Montana hospital had escalating legal problems during the months before his death, including breaking into his former wife's house, court records said.

Officers were trying to arrest John Barry Marshall, 48, for violating the terms of his release on the burglary charge when he ran away, tripped and a shot fired from his gun into the window of the hospital Friday, authorities said.

The officers weren't sure if that shot was intentional, but when an officer approached Marshall, he saw the suspect trying to dislodge a jammed round, Billings Police Chief Rich St. John has said.

Three city police officers, two deputy U.S. marshals and a Yellowstone County sheriff's deputy then fired multiple shots at Marshall.

Marshall had numerous run-ins with the law dating to Oct. 9, when he was cited for obstructing a peace officer after fleeing and giving a fake name to police asking about a loaded gun a neighbor found outside his apartment building, The Billings Gazette reported (http://bit.ly/18KTplI).

A month later, Marshall was accused of breaking into his ex-wife's house, disabling the garage door and using a refrigerator to barricade a side door. She found a partially smoked cigarette, an open beer in the kitchen and two live 9mm rounds near a door, court records said.

The woman obtained a restraining order in December that noted he carried a gun.

Marshall appeared in court on burglary and drug charges Jan. 9 and was released three days later after posting $10,000 bond. Conditions included wearing a GPS monitor and staying away from alcohol.

An arrest warrant was issued Jan. 16 after Marshall removed his GPS monitor and went to a bar. Officers say he led them on a high-speed chase Jan. 23, but they called it off when he went into a residential area.

The U.S. Marshal's Service received a tip that Marshall was at Billings Clinic on Jan. 30. All six officers who opened fire are on paid administrative leave while the state Division of Criminal Investigation investigates the shooting.

One of Marshall's sisters, Tanya Vito of Texas, told the Gazette that his divorce last February caused a downward spiral.

e was an upstanding citizen, and he just fell apart this last year," she said. "I'm glad nobody else was hurt (in the shooting), but he should not have lost his life. It was not right."