A Mount Airy man was released after serving 143 days of a suspended five-year sentence for third-degree burglary and received five years of probation before judgment for the burglary charge and a fourth-degree sex offense, according to the Carroll County State’s Attorney’s Office.
Austin D. Marquez, 23, of the 900 block of Horizon Road, was initially charged with eight counts including first-degree rape, home invasion and second-degree assault stemming from a burglary Dec. 29, 2018. He took an Alford plea May 21, in that he did not admit guilt, but agreed a guilty finding would likely be reached through a trial, according to online court documents. As part of the plea deal, the prosecution did not go forward on the other charges, online court documents show.
Marquez was sentenced to five years incarceration, all suspended except for time served at the Carroll County Detention Center Dec. 30, 2018 to to May 21, 2019, according to a May 21 criminal hearing document. Deputy State’s Attorney Allan Culver said in an email Thursday the sentence is within Maryland Sentencing Guidelines, which call for active incarceration between three months and two years for the third-degree burglary and fourth-degree sex offense.
“After Mr. Marquez was arrested on these charges the investigation did continue into the allegations. The plea agreement on these two charges best represented the facts that were determined by the entire investigation. The plea agreement also encompassed input from the victim as to what the victim believed was an appropriate outcome to the case,” Culver said via email.
Marquez does not need to register as a sex offender, according to the criminal hearing document. If Marquez violates the terms of his probation he may have to serve jail time for both charges, Culver said.
A woman told a detective from the Carroll County Sheriff’s Office that Marquez and other guests were at her family’s home the night before the burglary, according to the statement of charges. Marquez flirted with her, but she was not interested, the statement reads. At one point, Marquez was found in the woman’s bed wearing boxers waiting for her, at which point she told him to get dressed and leave, she told police.
After leaving, Marquez continued to text the woman, but she ignored him and locked the residence before going to bed. In the early morning, she awoke to Marquez sexually assaulting her and had to push him off her to make him stop, according to the statement. Officers found a door to the residence that showed damage believed to be consistent with forced entry.
Police spoke to a witness who said she had confronted Marquez following the incident. The witness showed police text messages where Marquez admitted to returning to the residence, according to the statement.
A call for comment made to Marquez’s attorney was not immediately returned Thursday afternoon. Marquez’s phone number was not listed in online court records.