Franklin County District Attorney Matthew Fogal says his office will no longer seek the death penalty for Marcus Wallace. Wallace is awaiting trial for the December 2009 beating of his mother 70 year old Consuella Wallace. He allegedly broke into his mother’s Hamilton Township home to rob her. Consuella Wallace died from her injuries in February 2010.
Fogal formally announced Monday afternoon of his intent to petition withdrawal the Notice of Aggravating Circumstances in the murder. He says the discovery of evidence concerning Wallace’s mental health history would certainly allow a jury to find evidence of a “mitigating factor” in the case. Fogal says the victim’s surviving family members have agreed that the Commonwealth should pursue a life sentence without parole instead of the death penalty.
Charges against Wallace include First Degree Murder, Second Degree Murder, Burglary, Criminal Trespass and Criminal Mischief