Beating suspect could face murder charge if victim dies

Lynn Doan

Thursday, July 29, 2004 | 9:30 a.m.

A 20-year-old Las Vegas man who is accused of severely beating another man June 7 after he found him sleeping in his car could face murder charges because the victim remains in intensive care and may die, a deputy district attorney said.

Jose Marbo's preliminary hearing on the charges was postponed Wednesday in Justice Court was delayed while Marbo and his lawyer discuss how he will plead. Marbo allegedly beat Willborne Trammel unconscious after he caught Trammel sleeping in his car and Trammel allegedly spat on Marbo. Trammel was found in a trash bin.

He remained in serious condition Wednesday in the University Medical Center's intensive care unit, according to a hospital spokesperson.

"If (Marbo) drags it out, he could face a murder charge, depending on whether or not the victim makes it," Deputy District Attorney George McFetridge said.

McFetridge said the last time he checked on Trammel, earlier this week, nurses told him that Trammel might die from his injuries.

"They thought he might be in a coma, vegetative state," McFetridge said. "He was in pretty bad shape."

According to the arrest report, Marbo told police he found Trammel sleeping in his 1986 Isuzu and confronted him. Trammel spat on him and Marbo retaliated by kicking and punching Trammel in the head and face, the report said.

McFetridge said the case was "one of those really messy ones" because Trammel had broken into Marbo's car to sleep more than once before the beating.

"I think (Marbo) got fed up, and did a little street justice because he was getting tired of calling the cops," he said. "By the time the cops came, the guy would be gone, and it's not a big priority for them."

McFetridge said Marbo's refusal to plead guilty and expedite the case could backfire because the longer he waits the more of a risk that Trammel will die.

Marbo remains free on $10,000 bond while awaiting the resolution of the case.

If Trammel dies it may also hurt the prosecution, however.

"It'd be nice to talk to the victim because he's our eyewitness," McFetridge said. "But he can't even talk to us right now."

Marbo's lawyer, Public Defender Victor Austin, said Wednesday that he and his client are still deciding on how he should plead.

When the Sun sought Marbo's side of the story, Marbo hung his head and said softly, "Would you please just leave me alone?"