A Lima man is days away from being sentenced and tries to take back the plea he made.
Marquavius Shurelds and his attorney filed a motion to withdraw his plea. Shurelds pleaded no contest and was found guilty on two counts of kidnapping, two counts of felonious assault and a count of aggravated burglary. Shurelds took the stand to say he felt under duress when he pleaded no contest. It was the day of his trial and a jury was waiting for selection when he pleaded. He also says he and his attorney did not agree on a strategy for trial and that his attorney would not represent him to his liking.
"He didn't subpoena nobody that I wanted him to subpoena," said Shurelds while testifying on the witness stand. "Like, you didn't do nothing I asked you to do. I hadn't talked to you from the first week of June (until) my trial date, which is not preparing us for trial. Then I took the plea under distress because I was told if I went to trial that I would get 64 years, but if I didn't go to trial I wouldn't get that much time."
"That is not duress," Tony Miller said, Assistant Allen County Prosecutor said. "That is a thoughtful consideration of the consequences of either going to trial or not. And it sounds to me like it's a good communication between his defense counsel, Mr. McVay, and himself."
The judge says he will have a decision this week. If the motion is denied, Shurelds is scheduled to be sentenced on Monday.
Shurelds is also going through proceedings in a separate case where he's suspected of shooting a man in the face during a drive-by.
