Zeke MacCormack - Express-News
The man he shot at hasn't been located or identified. That doesn't preclude a conviction, but observers say prosecutors face an uphill battle to prove Marquez aimed to kill, as alleged in a Sept. 2 indictment.
The witness said he heard gunshots and then saw a man, later identified as Marquez, shooting a handgun “at another male subject who was running away” toward homes, according to the affidavit.
Assistant District Attorney Amos Barton said he couldn't discuss the case or say why he substituted the attempted murder charge, to which Marquez pleaded not guilty Thursday.
The new indictment also charged Marquez with aggravated assault with a deadly weapon against “an individual unknown to the grand jury.”