By Joyce May
Killeen Daily Herald
GATESVILLE – The trial of mixed martial arts fighter Cedric "Spiderman" Marks has been delayed until August to allow his defense attorney additional time to prepare.
Marks is accused of severely assaulting a man in the parking lot of the Copperas Cove City Park Pool in June 2004.
The trial was scheduled to get underway at 9 a.m. Monday, but 52nd District Judge Phillip Zeigler granted a motion for continuance filed by Anthony L. Smith of Temple, who was recently appointed to Marks' case.
The case has now been given a preferential setting of Aug. 20, which means it will go to court that day unless it is resolved in some other way, District Attorney David Castillo said on Monday.
Harker Heights attorney Bryon Barnhill was originally appointed to represent Marks.
"Mr. Marks did not feel like he was being adequately represented," Castillo said.
Castillo also said that he did not agree with the motion for continuance, but he understood the judge's decision. The case has been set for trial twice, once as a jury trial and once as a bench trial.
After Smith was appointed as counsel, a request was granted to again set it as a trial by jury.
Although the incident occurred on June 1, 2004, Marks was not arrested until the following year, so the matter has been pending in the courts since March 2005, Castillo said.
"Given the length of this case, we are ready to go to trial," he said. "If (Zeigler) forced it to trial, I could see it be overturned by an appeals court and nobody wants to do this twice."
Coryell County Court Coordinator Laurie Morse said 300 prospective jurors had been summoned to appear Monday.
According to court records, Marks, 32, was indicted in November 2004 of intentionally, knowingly or recklessly causing serious bodily injury to then 32-year-old Steven Doyle by striking the man numerous times with his fist.
As a result of the assault, Doyle required surgery to reconstruct his facial bones. He also suffered a detached retina.
According to an affidavit by Investigator Lori Hix of the Copperas Cove Police Department, the incident began as a verbal altercation between the two when Marks was revving the engine of his vehicle, which caused the alarm on Doyle's vehicle to go off.
Five people reportedly witnessed the incident.
Marks' address is listed as Bremerton, Wash. He was at one time employed by Tiger Lim's Martial Arts in Copperas Cove.
Contact Joyce May at firstname.lastname@example.org or call (254) 547-0428