Judge dismisses murder charges in killing of deputy police chief's son, cites prosecutor's poor behavior

DURHAM, NC - A judge has dismissed all charges for one of the defendants originally charged in the murder of a son of a North Carolina deputy police chief, claiming that the prosecutor's poor behavior left him no other choice.

According to WRAL, Anthony "A.J." Marsh Jr. was killed in April 2021. He was shot around 4:00 p.m. while in a Dodge Ram pickup and was pronounced dead at a local hospital. In February of this year, Superior Court Judge G. Bryan Collins released a 16-page order dismissing all charges against defendant Nitisha Page. Marsh's father, Anthony Marsh, previously served as deputy police chief of the city of Durham.

In that document the judge cited Assistant District Attorney Mary Jude Darrow's behavior, which he described as "either inexcusable negligence or intentional malfeasance."

He explained that the state repeatedly missed deadlines, claiming it "acted in bad faith," and that four times, the state changed the charges Page was facing. The judge said he believes that the state was trying to gain "a tactical advantage," which all ultimately resulted in a "substantial due process violation."

The judge's order also described Darrow as an "experienced prosecutor" and that "her excuses ... ring hollow and are not credible."  Bill Fin, the attorney representing Page, said that the issues were unlike anything he has experienced in his 26 years of practicing law. He said, "I've never seen something as constant and continuous, malfeasance time and time again."

Finn said the changing charges and the missed deadlines resulted in wasted time and work for him, and strain on his client. Page originally spent time in custody, and then years out of custody on a GPS ankle bracelet. Finn said, "It's impacted her family relationships, it's impacted her financially, it's impacted her relationship with her children."

While the outcome of all charges being dropped may be a good thing for Page, Finn said he believes that the situation should be troubling for anyone who wants to see the criminal justice system run efficiently. He said, "This order is here because the process didn't work the way it was supposed to. Not only did it not work the way it was supposed to, it was so broken that it was violating my client's rights."

He added, "Everyone should care and take notice of what happens here. It could be your spouse, your brother, your sister, or your child that finds themselves on the wrong side of the law ... and you have to feel like, believe, that the rules are going to be followed, we're going to play above board, and everyone is going to be heard. And that is not what happened in this situation."

Now, the state is appealing the judge's decision in the Page case. Over the summer of 2024, a co-defendant in the case, Toney Allen Smith Jr., was found guilty of voluntary manslaughter.  

At the time of the fatal shooting, WRAL reported that A.J. was a specialist in the Army Reserve, a member of the 363rd Engineer Battalion Support Company in Knightdale. Alexis Holmes, a former classmate of A.J.'s called him inspirational and a "people person."

She said, "He would always light up the room with his smile. He just was very welcoming. If you felt uncomfortable, he would make a joke just to make sure you were good. If we had a test coming up, he was just the light we needed in every situation."

Holmes added, "They were just a great family, and I feel like that's what molded A.J., too, to be a really great black male in this area."