Oct 28, 2015

Markis Shirley dropped his stuff including an used condom when he fled the hotel after the alleged rape

Nathan King,  glared at Markis Shirley when he took the stand and a few times during his testimony. He said Jane Doe was his ex-girlfriend and good friend. He met her over a year ago. His testimony was pretty much the same as Doe's except she said Shirley came over around 1 or 2 a.m. and King said more like 3:30 or 4. He also said he initially asked the night manager to call the police while he was in pursuit of Shirley but then told him to wait until he talked to Doe. He said that he when he opened the door and Jane Doe yelled rape, he shut the door. He broke down on the stand as he was saying that he realized what had happened. He said Shirley came out the door, had no pants on, jacket and shoes in his hand and that Shirley dropped these and an used condom while fleeing.

He said he convinced Jane Doe to call the police and told her, "You are not going to get in trouble for being an escort. You need to call the police, what this guy did is dead wrong."

King said when he did not get any response from Doe via text or his calls, it was about 15 minutes until he got to the hotel and knocked on her door.

Detective Ron Harpham described getting the call at 6:35 a.m., how he was asked for assistance by Officer Corsetti and he arrived at Days Inn from his home around 7 a.m. He was briefed by Officer Corsetti, then Officer Andrew Endsley, who was the primary officer on the scene and who was guarding the evidence in the hallway and the room. Detective Harpham said he asked Jane Doe to go into the room because there were a lot of items and piles of clothes and he needed her assistance in identifying relevant evidence to gather and photograph and for her to tell him what happened. Detective Harpham described in detail how he collected and secured evidence and where the items he saw were located and what he found. He said Jane Doe told him, her "panties were removed by force."

"The southwest corner of the bed was smeared with mascara which matched the makeup on her face," said Detective Harpham. "She said that was from her face being pushed down when she was on her stomach."

A wallet containing an ID with Shirley's picture and two other ID cards identifying him were found. He said the victim's story was very consistent with what she told him at the hotel and later at the station when he took her statement.

After developing probable cause, he put out a be on the lookout for Shirley. On October 13, an EPD officer recognized him and Shirley fled when the officer told him, "It's time for you to come in", to which Shirley replied, "I'm not ready" and started running. This was near Buhne and Summer. Shirley was apprehended by four police officers near California Street. Even after he was in cuffs, he kept kicking at the officers and had to be restrained and taken into custody. Shirley was laughing in court as Detective Harpham was testifying about him being arrested.

Detective Harpham said there was no semen found in the condom or any fresh semen on the clothes.

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