Arizona Republic from Phoenix, Arizona • Page 4

A6 The Arizona Republic Thursday, July 22, 1993 Slaying arrest retats U-Hael coiispiracy theory Eva Shoen The arrest of a suspect dispels rumors of intrigues in her slaying. fighting for control of U-Haul against the "outsider" faction led by L.S. Shoen. Two months after the slaying, Joe and his brother, Mark, sued their father for libel for telling reporters that the brothers may have been involved in Eva's slaying because they wanted to hurt her husband, Sam. That suit is pending.

Sam, who was not at home when his wife was killed, has said that he might have been the real target of the gunman that night. Shortly after the killing, he offered a $250,000 reward for information leading to the arrest and conviction of the killer or killers. His father gave $50,000 to the San Miguel County Sheriffs Office to aid its investigation. Birthright, the book about the Shoen family and the battle for U-Haul, was written by Phoenix author Ron Watkins. Published by William Morrow, it is expected to be in bookstores by the end of August.

The author said Wednesday that the book draws no conclusion about whether the killing was linked to the feud. As to whether Marquis is the killer, he said that will be in doubt until the evidence against him is presented. "For the sake of the family, it would be good if he is the man," Watkins said. lead. "It was a shoestring of my life that was untied," Pound said.

"This is a big relief to me." Some news-media reports have said that Eva Shoen was shot several times and that ballistics tests showed that the weapon was equipped with a silencer. But Pound said that she was shot only once and that tests did not prove the killer used a silencer. Pound said he originally asked Unsolved Mysteries producers whether they would profile the case to generate tips from viewers, but a busy schedule prevented them from doing so until after he left Colorado. Jon Sellers, a Phoenix private investigator who had worked oij the case while working for corporate officials who now control U-Haul, said he is happy for the sheriffs "I think they did a magnificent job following up," Sellers said. "This helps exonerate the U-Haul family name, which I said would happen aH along." San Miguel County Sheriff Bill Masters was reported to be out of the country Wednesday.

Sellers worked for the so-called insider U-Haul faction led by Edward J. "Joe" Shoen, chief executive of Amerco, U-Haul's holding company. The "insider" faction has been SLAYING, from page A 1 dition to Colorado. Marquis, a stocky, bearded man with collar-length gray hair, was given until next week to make his decision on whether to waive extradition. Now unemployed, Marquis was arrested Tuesday afternoon in Santa Fe while housesitting for a friend.

He was booked for investigation of first-degree murder and first-degree burglary. Marquis also appeared Wednesday before a Santa Fe magistrate, who ruled that the suspect should be held without bail on a fugitive charge. Marquis, whose primary residence is a trailer in a remote part of Santa Fe County, told the magistrate that he is nearly broke. He told a probation officer that he had only $90 in cash and food stamps. He declined to answer reporters' questions Wednesday "because I don't know what's going on." Asked for a comment, Marquis told one reporter, "Save the trees.

Build houses with straw." The arrest was the first substantial development in the 3-year-old case, which gave rise to theories about kidnapping plots and professional assassins. The affidavit says the first solid information in the case came April 21, when Marquis' brother-in-law, Kelly Lemons of Farmington, N.M., tele- and 5, 1990, the affidavit says. The friend could not recall whether he and Marquis left for home on Aug. 5 or the next day, but he said that on one of the nights they were in Telluride, Marquis was out all night. On the drive home, the friend said Marquis acted oddly, "quiet, like he was mad or something," according to the affidavit.

i When Marquis returned the pistol to its owner, he told the co-worker, that he had fired it to shoot a dog. The owner surrendered the pistol to investigators July 16, the affidavit says. Ballistic tests showed bullets and shell casings from that gun were "similar in class characteristics" to the bullet that killed Eva Shoen and the shell casing found in her cabin, the document says. On July 13, investigators spoke with another friend of Marquis, who told them Marquis had lost his job recently, had put his trailer up for sale and was "talking about leaving for Peru," the affidavit says. Marquis' arrest came as a relief to Kim Pound, the original chief investigator on the case for the San Miguel County Sheriffs Office.

Pound, who left that office 1 Vi years ago and is a patrolman for the Apache Junction Police Department, said he used to wake up at night wondering whether he had missed a another deputy recorded a telephone conversation between Lemons and Marquis on April 30, during which Lemons pointed out that the Unsolved Mysteries segment about the slaying had been rebroadcast on April 21, to which Marquis replied, "Don't worry about it." Marquis told Lemons that he had. "absolutely" covered up all evidence and that nothing could be traced back to him. Later, the affidavit says, investigators obtained records of the Farming-ton Police Department that showed Marquis had illegally entered women's homes six times in 1980, raping four women and attempting to assault three others. Those records showed that Marquis told the women he would kill or seriously hurt them if they didn't do what he wanted, the affidavit says. "According to the records, Mr.

Marquis was convicted of, or admitted to, all the incidents referred to above," the affidavit says. "Mr. Marquis served approximately eight years for these offenses and was on parole on Aug. 6, 1990." Investigators also turned up evidence that Marquis had borrowed a Lorcin semiautomatic pistol from a co-worker before journeying with a friend to the Telluride Jazz Festival over the weekend of Aug. 4 phoned the San Miguel County Sheriffs Office in Colorado.

Several weeks after the killing, he said Marquis had told him, "You know that woman that got killed in Telluride? I did that." "Mr. Marquis further told Mr. Lemons that while breaking into a house, a woman came home early and surprised him, and he shot her in the back," the affidavit says. That account, however, conflicts with early reports of the investigation. At the time, investigators said Eva Shoen had gone to sleep in an upstairs bedroom, with three children asleep downstairs, before she was shot.

Westcott's affidavit says Lemons saw the first of two broadcasts of the Shoen case on Unsolved Mysteries on Dec. 21, then called Marquis and told him he had better watch out because Eva Shoen had been "a real powerful lady." "They are not going to catch me," Marquis replied, according to the affidavit. After Lemons' call, Westcott and BUYS to It 25 PLAYWEAR AND ACTIVEWEAR FOR BABIES AND KIDS 1 A' if' Vn' 3 Cute as they come. A selection of OshKosh for infants, girls 2 to 6X and boys 2 to 7. Shorts, dresses, rompers, knit tops and more.

Orig. 8.9S to 21.95, 6.99 to 16.99. Also find a great selection of Baby Togs playwear for babies and toddlers. Overalls, coveralls and rompers. Orig.

18.00 to 32.00, 12.99 to 23.99. Plus, Buster Brown for boys 4 to 7. Shorts and tees in stripes, solids, and plaids with colorful graphics. Cotton polyester. Reg.

10.00 to 14.00, 7.50 to 10.50. Children's. 73827383 738473877395. Ate: Jf "I .1 is I 1 I I THE BROADWAY thi MCTAKIT rPFnIT ArrflllMT WITH A MA IOD rDCniT rAPn AMD nDIUCD'C I IrrKICTI 10 OFF A FULL DAY'S GOLD ACCOUNT PURCHASES WHEN YOU OPEN A BROADWAY ASK YOUR SALES ASSOCIATE FOR DETAILS. SUBJECT TO CREDIT APPROVAL.

SOME MERCHANDISE EXCLUSIONS APPLY..