A series of Ector County Sheriff’s Office probable cause affidavits detailed that a 46-year-old man began sexually assaulting a 10-year-old girl and an 11-year-old girl two years ago, while he also sexually assaulted an 8-year-old boy for one to two months more than 19 years ago.
Marshall Dean Day was charged with three counts of continuous sexual abuse of a child under 14, a first-degree felony, and sexual performance by a child, a first-degree felony.
The sexual assaults were reported to the Dickinson Police Department in Dickinson, N.D., on Sept. 9 as a woman complainant made an outcry of sexual abuse made by the complaint’s biological adult son, the affidavit stated. The complainant also made outcries for her two adoptive daughters.
The 13-year-old girl reportedly detailed she was sexually assaulted by Day between the ages of 11 and 13. The sexual abuse happened in the 2600 block of E. 11th Street in Odessa.
The 13-year-old girl stated in the probable cause affidavit that Day treated her “more like a husband would treat a wife.” The girl also stated that she would be sexually assaulted at least two or three times on the weekend and once during the week depending on Day’s work schedule.
The 10-year-old girl reportedly detailed she was sexually assaulted by Day when she was 10 to 12 years old. The girl also detailed that Day made her feel uncomfortable and sad, but didn’t tell the complainant because she didn’t want the complainant to be sad.
The 10-year-old girl stated she knew it had happened to the 11-year-old because they talked about it, the affidavit stated. The 10-year-old girl stated the sexual abuse would happen when the complainant wasn’t home or when the complainant was in Arizona for cancer treatments.
The adult victim is reportedly 27 years old as the complainant detailed the sexual abuse happened when the adult victim was 8 years old. The adult victim stated he was sexually abused by Day while living in Odessa.
The adult victim felt the sexual abuse happened over one to two months, the affidavit stated. The adult victim stated he remembered Day being arrested for domestic abuse against the complainant. The adult victim stated that Day apologized to him about the abuse against the complainant when he was released from jail.
The adult victim reportedly detailed the sexual abuse against him always happened during the daytime on the weekend when the complainant would be gone. The adult victim also remembered that Day was dressed during the first sexual abuse, but for the other sexual abuse acts he would be completely undressed.
Day was booked into the Ector County Law Enforcement Center on Dec. 11, jail records show. He has four bonds totaling $400,000 and was still in custody as of Wednesday morning.
