As expected, prosecutors on Tuesday re-filed homicide and reckless injury charges against a Madison woman who they say was involved in the July 28 murder of a woman on Madison’s North Side.
A revised criminal complaint reinstates charges of being a party to first-degree intentional homicide and first-degree reckless injury against Nicole M. Marco, 35, of Sun Prairie, who was charged along with three others for the role that police said she played in the shooting death of Ciara Philumalee, 24.
Last week, Reserve Judge Amy Smith dismissed the homicide and reckless injury charges against Marco following a preliminary hearing, finding that there was insufficient evidence to show that Marco knew a shooting would occur when she drove three other people to an apartment building on Karstens Drive where Philumalee was shot.
At that point, Deputy District Attorney Matthew Moeser said charges would be re-filed in a complaint containing more evidence against Marco.
Donald Davis Jr., 29, of Madison, is alleged to have fired the shots that killed Philumalee and injured Joseph Jordan. Korey V. Johnson, 33, and Jennifer L. Lovick, 34, both of Madison, are also charged with being parties to the homicide.
The criminal complaint states that Lovick told Davis where to find Philumalee, who Davis had sought because he believed she had been involved in a plot to rob him earlier.
Johnson told police that as the four traveled to Karstens Drive, there was a discussion about how to lure Philumalee outside. He also said that Marco, at Davis’ direction, gave $200 to Lovick as her reward for finding Philumalee, the revised complaint states.
According to the revised complaint:
Police found a cellphone in Marco’s car after her Aug. 8 arrest following a police chase, and data on the phone indicated calls and text messages between Marco and Davis. Shots fired on July 24 outside the Econo Lodge, 4726 E. Washington Ave., where Marco was staying at the time, left behind the same mix of 9mm Luger GFL and Luger Hornady ammunition casings that was left behind at the scene where Philumalee was shot four days later.
A woman told police that Davis had called her on July 24 to say he had shot at someone while at a hotel and needed somewhere to clean himself of gunshot residue.
When Marco’s car was searched after her arrest, a box containing intact Luger GFL and Hornady ammunition was found in the car, along with a handgun loader and a handgun magazine.
Marco was jailed on $10,000 bail after appearing in court, and was scheduled for another preliminary hearing on Sept. 14 before Circuit Judge Frank Remington.
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