Charles Marshall Sex Assault Trial Heading to Fall After Chippewa County Judge Rejects Defense Motion

A Chippewa Falls jury will decide this case — plea talks have gone nowhere and the court has already ruled once in the prosecution’s favor.

An Eau Claire man accused of breaking into a woman’s Chippewa Falls apartment and sexually assaulting her will face trial this fall after plea negotiations failed and a March hearing ended with his case postponed a second time.

Charles D. Marshall, 43, was charged in Chippewa County Court in January 2025 with two counts of second-degree sexual assault by use of force, as well as burglary and bail jumping. He entered not guilty pleas in January.

No plea agreement has been reached between Marshall and Chippewa County prosecutors. The case now heads to a jury trial scheduled for September 1, 2026.

What happened in court

The trial was slated to begin in March. However, the defense filed a motion to suppress body camera footage as evidence in the case. Judge Steve Gibbs ruled the body camera footage is admissible. Defense attorneys Eric Newmark and Frederick Melms wanted more information about the identification of people shown in the footage.

Rather than proceed immediately, Gibbs opted to cancel the proceedings and move the trial to September 1. A motion hearing will be held May 15.

The suppression motion ruling is significant. Body camera footage often plays a central role in criminal prosecutions — capturing witness statements, suspect behavior, and the scene itself in the hours after an alleged crime. The judge’s decision to allow it into evidence keeps a potentially powerful piece of prosecution material in play.

This is the second delay

This is the second time a trial has been delayed in the case. Previously, the trial was canceled because defense attorney Melms had a fire at his home and he felt he was not in a position to try the case.

What the charges allege

According to the criminal complaint, a woman told police that Marshall followed her into her apartment in October 2024 and touched her in a sexual manner, both over and under her clothing. She attempted to push him away. The assault occurred at her apartment in Chippewa Falls. The complaint does not indicate whether the woman knew Marshall.

Second-degree sexual assault by use of force is a Class C felony in Wisconsin, carrying a potential sentence of up to 40 years in prison per count. Marshall faces two counts of that charge, plus burglary and bail jumping.

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Marshall’s background and current status

Marshall was out on bond at the time of the alleged offense, court records state. Marshall was initially held on a $50,000 cash bond, but Gibbs lowered it to $35,000 in February 2025, which Marshall posted. Marshall remains free at this time. As terms of his bond, he cannot have any contact with the victim or a witness.

Marshall was first convicted of possession with the intent to deliver cocaine in Walworth County Court in 2002. Court records show he was convicted of manufacturing and delivery of cocaine in 2015 in Eau Claire County Court, a felony, and was convicted of battery and disorderly conduct in 2019.

What comes next

A motion hearing is scheduled for May 15, where the court will address any remaining pretrial matters before the fall trial date. Marshall is presumed innocent unless and until proven guilty. The case will be decided by a jury in Chippewa County.

Source: Leader-Telegram, Chippewa Falls, Wisconsin (March 11–12, 2026). All criminal charges are allegations. The defendant is presumed innocent unless and until proven guilty.

Last Updated: April 3, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice regarding a specific legal matter, consult a qualified attorney.