VIRGINIA BEACH — A mother accused of trying to hire a hitman to kill co-defendants and witnesses involved in a murder her son later pleaded guilty to was willing to pay an undercover police officer $2,500 to do the job, prosecutors say.
Marie Leary, who is charged with five counts of soliciting first-degree murder, appeared in Virginia Beach General District Court on Thursday for a preliminary hearing. She chose to waive her right to the hearing but asked for Judge Daniel Lahne to reconsider granting her bond.
The 44-year-old mother was arrested on May 27, the same day met with an undercover detective at the Oceanfront hotel La Quinta Inn & Suites and solicited his services as a hitman, said Virginia Beach prosecutor Scott Lang.
During that meeting, Marie Leary allegedly gave the detective the names of at least five people she wanted him to kill in order to protect her 20-year-old son, Marquel Jordan Leary, who at that time was scheduled for a July 11 jury trial on several charges, including first-degree murder and attempted robbery, according to documents filed in Virginia Beach Circuit Court.
In court, Lang read aloud what he alleged was a direct quote Marie Leary said to the undercover detective:
“My son’s not getting a fair shake. I’m trading my soul with the devil. I don’t care, I lived my life. I’m protecting my baby.”
Marie Leary’s search for a hitman ended in her arrest just two weeks before her son pleaded guilty to murdering 19-year-old Taiwan Simon during an attempted robbery near Chatham Square Apartments.
The attempted robbery happened in the early morning hours of July 20, 2016, when Marquel Leary, Sean Patterson, 20, Maurice Walters, 20, Casheon Jones, 20, and a juvenile decided to rob a man of money and a gun at his apartment.
All five people have pleaded guilty to crimes associated with the attempted robbery.
Another man, 21-year-old Anton Nelson Joshua, was allegedly involved in the crime as well. He is charged with first-degree murder, aggravated malicious wounding, attempted robbery, conspiracy and three counts of using a gun in the commission of a felony. His case is scheduled for a jury trial in Virginia Beach Circuit Court on Dec. 11.
Simon died after he was shot in the head by Marquel Leary, who was exchanging gunfire with the man he was trying to rob. Marquel Leary was also shot in the stomach and the man he was trying to rob was shot in the leg. Both survived.
About 10 months after the shooting happened, the Virginia Beach Commonwealth’s Attorney’s office was alerted that Marie Leary was emailing with a man who was being held at the Buckingham Correctional Facility about hiring someone to kill her son’s co-defendants and witnesses to the shooting, court documents allege.
The man Marie Leary was allegedly emailing mentioned the name “Winston” as a person who might be able to help her. When she allegedly met with the undercover detective, he told her “Winston” sent him her way, Lang said.
During her meeting with the undercover detective, Marie Leary gave him court documents that listed the names of the co-defendants and witnesses she wanted to have killed. She also said she would provide addresses and photos of the people on the hit list, according to court documents.
The hit list included Joshua, Walters and the juvenile, as well as a witness to the shooting and the man the group allegedly tried to rob.
When asked what she wanted to have done to the men and juvenile, she allegedly said, “A flat person can’t talk right?… and I don’t want no skeletons… or this [expletive] coming back.”
During Marie Leary’s Thursday bond hearing, defense attorney Allyson Lee asked the judge to consider giving Marie Leary bond, stating that at an earlier hearing the court was concerned that her client needed mental health services she wouldn’t be able to obtain outside of jail.
Lee said that Marie Leary’s mother — who appeared in court on Thursday — was willing to help pay for those services, including outpatient treatment, as well as a GPS ankle monitoring system.
Lee added that Marie Leary planned to live with her father, who is dying. She hoped to provide him with hospice care.
“Take a chance on her,” Lee said to the judge. “She doesn’t have a history of violence … I’m asking the court to show mercy.”
Lang said that he realizes Marie Leary is under a lot of stress: her father is dying and Marquel Leary is not her only son who is in jail.
Still, he argued against her receiving bond, citing the seriousness of the charges against her. He added that some of the people on her hit list had expressed concerns over her potential release, including the implicated juvenile whose probation officer moved him to another part of the state in order to protect him, Lang said.
Lang also told the judge that Marie Leary had previously dealt drugs to the implicated juvenile and that he had proof via text messages. When asked, Marie Leary denied selling the juvenile drugs.
Lahne said that while he’s sympathetic to Marie Leary’s family situation, it was the least of his concerns when considering her bond. He denied her bond, adding that there are “too many moving parts” to the case for him to be comfortable releasing her from the Virginia Beach Correctional Center.
Marquel Leary is scheduled to be sentenced on Oct. 25. He pleaded guilty on July 11 to first-degree murder, three counts of use of a gun in the commission of a felony, aggravated malicious wounding, attempted armed robbery and conspiracy.
A malicious wounding charge against Marquel Leary was nolle prossed.
Jones pleaded guilty to malicious wounding, conspiracy and accessory after the fact of murder. He is scheduled to be sentenced on Jan. 10, 2018.
Waters pleaded guilty to malicious wounding, attempted robbery and conspiracy. He is scheduled to be sentenced on Jan. 9, 2018.
Patterson pleaded guilty to conspiracy and is scheduled to be sentenced on Jan. 30, 2018.
Marie Leary’s case will go to the grand jury on Oct. 16 and is set for trial on Dec. 6.
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