A Delaware County jury returned a verdict of “not guilty” for a Hilliard man charged with voluntary manslaughter in connection with a fatal shooting that happened in Sunbury last year.
The trial for Marshle Graham, 43, began last week in Delaware County Common Pleas Court after he had been indicted and charged with voluntary manslaughter, a first-degree felony, in March. The charges stemmed from an incident at the Wendy’s at 88 N. Miller Drive in Sunbury on Dec. 14, 2023.
According to the probable cause affidavit filed with the court, police were summoned to the Wendy’s after a shooting was reported. The document reports police found Gary Langston, 58, of Sunbury, with a gunshot wound to the chest and side. A short time later, Graham called police and said he was the man who shot Langston in the parking lot and explained he wanted to get his child to safety before talking to law enforcement, the affidavit said.
Graham told the Delaware County Sheriff’s Office that Langston followed him to the Wendy’s parking lot and confronted him, the affidavit said. According to the document, Graham told law enforcement that Langston got out of his truck and stopped Graham’s car before Langston acted like he was going to swing his fists at Graham, which caused Graham to punch him.
Graham told police that during their fight, Langston reached into Graham’s car, where Graham’s 6-year-old son was, which caused Graham to retrieve a handgun and shoot Graham twice. The affidavit indicates the conflict stemmed from a road rage incident and a witness told police that she saw Langston walking around the parking lot before Graham arrived and went over to Graham when he pulled in and saw the two men fight but did not see the shooting.
Graham’s attorneys, Geoffrey Spall and Dominic Mango, argued that Graham’s actions were self-defense.
The trial began on June 4, and the jury delivered its verdict on June 12, finding Graham “not guilty” of the voluntary manslaughter charge.
After the verdict, Spall and Mango said the evidence in the case “was overwhelmingly supportive of Mr. Graham acting in self-defense of not only himself, but his 6-year-old son.”
“While we are vindicated by the verdict, we were all along confident a jury of Mr. Graham’s peers would view the facts and evidence impartially and correctly apply the law as instructed,” Spall and Mango said in a statement. “No one is pleased a person died, and we hope the families involved in this case can heal from the trauma caused by this incident.”
The common pleas court website listed the case as “closed” Thursday.
Glenn Battishill can be reached at 740-413-0903.
