A man who pleaded guilty to felony residential entry in a case in which he is accused of breaking into a woman's home and raping her wants to take back the plea.
Charles Marcum II, 47, had been charged with burglary and two counts of rape but pleaded guilty in November to the lesser charge as part of an agreement with prosecutors. The agreement called for him to spend a year behind bars.
In court today, Marcum told an Allen Superior Court judge he wants to take back the plea.
Police were called about 4 a.m. to a home, where a neighbor told police a man was trying to get into the home and was knocking things over on the porch. According to a probable cause affidavit, the man got in, and the woman told investigators she awoke to find Marcum on top of her, holding her down.
The woman's son was in the same room, and police said evidence on Marcum's clothes linked him to the crime – something Marcum denied in a letter to The Journal Gazette Nov. 19, the day after he pleaded guilty.
Each of the rape charges carries a penalty of up to 16 years in prison. The judge did not rule on whether Marcum can take back the plea.