Marshall was taken into custody Wednesday morning and will remain in Sarpy County Jail until his bail hearing, which Sarpy County Jail officials said should take place on Friday. He was convicted on third-degree sexual assault on March 2nd and sentenced to a year in prison. Marshall served roughly five months at the Omaha Correctional Center before being released on Aug. 28th. He then moved to the 2400 block of Seventh Avenue in Council Bluffs.

While Marshall served time in Omaha, the Bellevue Police Department continued to investigate. Authorities found the child pornography allegedly owned by Marshall and also found evidence that he allegedly did more than just inappropriately touch the minor, which constitutes third-degree sexual assault in Nebraska. Once investigators determined that he allegedly had sex with the girl, Marshall was notified he would face a charge of first-degree sexual assault – a Class 1B felony. He should be officially charged by the Sarpy County Attorney’s Office today (Thursday), or Friday.

If convicted, Marshall could face up to 25 years in prison, due to his previous conviction for sexual assault.