Idaho man’s charges of rape, strangulation were dismissed. Prosecutors won’t say why

On an April morning, Caldwell police officers arrived at a Sonic Drive-In, where a 19-year-old woman waited after she had walked two miles, flagged down a passerby and called 911. She had just escaped from Marcus Jackson’s RV, she told them, where Jackson had raped and strangled her three times, according to a probable cause affidavit.

Jackson was facing up to life in prison if he was found guilty of three felonies: rape, attempted strangulation, and unlawful possession of a firearm. Police had searched his RV and found a Glock 9mm handgun with ammunition, which he was prohibited from owning because of a prior domestic violence conviction.

But Canyon County prosecutors dropped the most severe charges, of rape and strangulation, months after his arrest. Instead, a plea deal for the unlawful possession charge offered him a much shorter sentence: one year in prison. And the county has no public record of the hearing that discussed why the charges were dropped.

The county’s court support services told the Idaho Statesman that the hearing in which the charges were dismissed wasn’t recorded because of a “glitch” in the system, and there is no transcript of the hearing. All criminal hearings in Idaho must be recorded, or under Idaho law, proceedings must be transcribed through a court reporter, though court hearings have increasingly relied solely on audio recordings because of staffing shortages.

The Canyon County Prosecutor’s Office also didn’t respond to the Statesman’s inquiry on why the charges were dismissed.

During Jackson’s sentencing, Scott Vermeer, who works for the Canyon County Prosecutor’s Office, said the case was pared down because of “changes in circumstances with the victim” but didn’t elaborate further, aside from mentioning that his office was no longer in contact with her.

It’s uncommon for rape cases to lead to a conviction, according to statistics from the Rape, Abuse & Incest National Network, an anti-sexual violence organization, and even more challenging to prosecute when a survivor isn’t involved. But prosecutors can still pursue charges without the survivor.

“Overall, the state does believe this is economical and a reasonable outcome,” Vermeer said, as he asked the judge to impose the one-year sentence.

‘At their mercy’: Parole commission to review Jackson’s case

Third Judicial District Judge Randall Grove, who presides in Canyon County, noted during the October sentencing that the remaining charge of unlawful possession was “mildly threatening,” whereas the other charges of rape and strangulation were “significantly threatening.”

But Grove said he won’t rely on the dismissed charges that had “fallen by the wayside,” and instead agreed to follow a deal reached between the prosecution and defense. Jackson’s one-year sentence also credits him with the nearly six months he’d already spent in jail.

The now-51-year-old could be on parole by the end of April — unless the state’s parole commission intervenes. The commission determines who is released on parole for all criminal cases in Idaho.

Jackson was on parole for a prior domestic violence conviction after he strangled his then-girlfriend the day before New Year’s Eve in 2020.

That morning, Jackson had appeared for a sentencing hearing in Boise on two misdemeanor domestic violence charges, court records showed. He was placed on supervised probation and told he wouldn’t face additional jail time. Hours later, after his ankle monitor was removed, Jackson beat and threatened to kill his then-girlfriend and her teenage daughter, according to 4th District Judge Samuel Hoagland in Ada County.

Jackson was arrested and charged with six felonies related to the attack. But through a plea deal, they got whittled down to two felony convictions: battery domestic violence with traumatic injury and aggravated assault. He was sentenced to 10 years in prison with the possibility of parole after 2½ years by Hoagland, who retired in February 2024.

“I think this sentence is just, fair and reasonable,” Hoagland said at the time.

By August 2023, Jackson was released from prison.

The Idaho Commission of Pardons and Parole will review Jackson’s case once he’s eligible for parole again in April, Idaho Department of Correction spokesperson Sanda Kuzeta-Cerimagic told the Statesman in an email. That review will occur during an executive session that’s closed to the public, Kuzeta-Cerimagic said.

The commissioners will determine whether he should be released into the community or spend additional time in prison for violating the terms of his initial release. If the commission doesn’t grant him parole, Jackson could spend up to five more years in prison.

“He’s going to be at their mercy,” Jackson’s public defender, Cassandra Wright, said in court.