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.

Text Only | Photo Reprints

Local News

SLIDESHOW: Memorial Day Weekend 2012 Niagara Falls celebrates Memorial Day Weekend activities on Saturday with a parade on Pine Avenue, a memorial service and viewing of the new Veterans Memorial at Hyde Park, a concert series on Old Falls Street and free boat safety inspections by the Niagara County Sheriff Department Marine Division at the City of Niagara Falls Boat Docks on Buffalo Avenue.
May 26, 2012 1 Photo
Legislation protecting Falls air base units moves forward
The effort to protect jobs at the Niagara Falls Air Reserve Station got a boost from a committee in Washington, D.C. on Thursday.

May 24, 2012 1 Photo
Korean student robbed at gunpoint in Falls
Detectives are investigating the robbery of a 25-year-old woman Wednesday night in front of a motel in the 400 block of Main Street.

May 24, 2012 1 Photo
Davis will not seek Murphy removal
Lawyers for accused killer Matthew “Bones” Davis say their client will not ask to have Niagara County Court Judge Matthew J. Murphy III removed from his case.

May 24, 2012 1 Photo
Labor group laments economic development efforts
Economic development in New York state has become a joke to some in the area. And many of them are demanding changes to a process which spends approximately $3 billion a year.

May 24, 2012
Repaving work on Old Military Road rises to $790K
Sometimes a change is good. Sometimes a change is bad. For the Town of Lewiston, a change can be pretty costly.

May 24, 2012
Fifth-grader presents list of 400 names asking for new playground
A 10-year-old boy carrying a petition containing more than 400 signatures asked members of the Niagara Falls School Board on Thursday to consider building a new playground at his school.

May 24, 2012
Bomb threat leads to arrest at NT school
A North Tonawanda teen was arrested Thursday morning for sending a one-sentence bomb threat to the computer of a fellow high school student, resulting in a brief lockdown of the school.

May 24, 2012 1 Photo
Sense of resignation on AES pact
May 24, 2012
Marching to the new veterans memorial
It's the unofficial beginning of summer.

Memorial Day may mean cookouts with hot dogs and hamburgers, a trip on the river in a boat or simply a day off from work Monday.

May 24, 2012 2 Photos
More Local News Headlines

Do you think cigarette sales to non-Native American customers should be taxed on reservations?