WATSON'S ATTACK: No deal for Markel

Local News

September 26, 2008

Suspect in candy store rape and robbery turns down offer from DA

By Rick Forgione<br><a href="mailto:forgioner@gnnewspaper.com">E-mail Rick</a> The Niagara Gazette Fri Sep 26, 2008, 08:23 PM EDT

There will be no plea deal for a Falls teenager accused of raping and robbing a candy store clerk.

At least for now.

Prosecutors and the defense in the case of Anthony Markel had held out the possibility of a plea at a hearing earlier this month but Assistant District Attorney Robert Zucco told Niagara County Court Judge Matthew J. Murphy III on Friday afternoon a deal didn’t get done.

“We were unable to reach an agreement,” Zucco told Murphy. “We are now prepared to begin presenting this case to the grand jury next week. This is the last opportunity for Mr. Markel to reach a reduction in the charges (against him).”

Zucco also told the judge he wanted to know by Monday whether or not Markel would testify before the grand jury. Defense attorney James Faso called that “unlikely.”

Markel, who just turned 18, faces charges of first-degree rape, predatory sexual assault, two counts of first-degree criminal sexual act and first-degree robbery in connection with an Aug. 9 attack on an 18-year-old female clerk at the Watson’s Fine Chocolates Shoppe in the 8300 block of Niagara Falls Boulevard. His case was moved to County Court in mid-August after the teen waived his right to a preliminary hearing in Falls City Court.

That waiver was designed to allow prosecutors to take their case directly to a grand jury. However, they delayed going to the grand jury to engage in discussions about a possible plea.

Faso said Zucco did not offer “much of a deal.”

“It was a plea to the charge. There was no reduction. It was essentially plead to the highest charge,” he said.

Zucco disputed that. Outside the courtroom, the assistant DA declined to say what deal he had offered, but insisted there was a reduction in the charges Markle faced.

“He didn’t take the deal, I don’t think there’s any reason to go into the details,” Zucco said. “It was not a plea to the A felony (predatory sexual assault).”

Markel also has a pending felony burglary charge. That charge would have been resolved with a plea deal, but will now also be presented to the grand jury.

The teen remains jailed in lieu of bail of $250,000 cash or $500,000 property.

He was arrested two days after the attack on the young store clerk, when detectives found him hiding behind a false wall in the basement of his home.

Police have called the crime a “brutal, vicious attack.

Investigators say Markel and a 14-year-old friend entered the store and spoke with the female clerk, then left.

Moments later, Markel re-entered the store and asked to buy some fudge. As the clerk was preparing the purchase, Markel put a knife to the young woman’s throat and told her “this is a robbery.”

Investigators said Markel forced the clerk into a bathroom and sexually assaulted her. He then took cash from the clerk, the store office and the cash register.

Markel and the 14-year-old, who had waited outside the store, fled from the scene on bicycles.

A Falls police lieutenant spotted Markel on his bike shortly after the attack and chased him. Markel escaped but abandoned his bike, which was recovered by police.

Officers also found the knife used in the attack a short distance from the scene and located surveillance camera video from a nearby store that showed the suspects.

Detectives said Markel’s companion cooperated with investigators and will not face charges.

The victim also identified Markel as her attacker after picking him out of a photo lineup.

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