FORT WAYNE – On March 22, U.S. marshals served Marcus A. Hayden with a notice that he was in violation of his federal probation and had a court date at 1:30 p.m. April 3.
According to federal court documents, Hayden was in violation of two conditions of his probation – that he work regularly at lawful employment, and that he stay away from excessive use of alcohol and illegal drugs.
Hayden skipped his court appearance and on April 4, a warrant was issued for his arrest, according to federal court records.
He was serving a five-year period of supervised release after he was released from federal prison, sentenced to five years in 2009 for carrying a firearm during or in relation to a drug trafficking crime. Hayden died early Tuesday after he was shot by Fort Wayne police. Officials said Hayden shot a U.S. marshal.
In June 2007, Fort Wayne police officers stopped Hayden on the street to question him about his role in an armed robbery.
According to court documents, Hayden, also known as "AWOL," and a juvenile robbed a woman, at gunpoint, of $400 and then fled. She identified Hayden as the robber to police.
When police approached Hayden in June 2007, they knew he was identified in the police computer system as someone who resists police, was considered armed and had made threats to shoot police officers, according to court documents.
Police records indicated Hayden had been a suspect in several shootings, one of them fatal, and he also threatened to shoot another person, according to court documents.
When the officers patted him down to search him, they found a plastic bag containing 40 grams of marijuana and a 9 mm semiautomatic handgun, according to court documents.
Police eventually arrested Hayden on the robbery charge, but he was acquitted by an Allen Superior Court jury in September 2007.
But based on the gun and the drugs a federal grand jury in June 2007 indicted Hayden on three counts – possession with intent to distribute marijuana, carrying a firearm during or in relation to a drug trafficking crime and possession of a firearm by a person convicted of a misdemeanor, specifically domestic battery in April 2005, according to court documents.
He pleaded guilty to the second charge in November 2008 and was sentenced in March 2009. Hayden had remained in the custody of the U.S. Marshals since his arrest because of his criminal history, a failure to appear in court as ordered and a record of probation violations, according to court documents.
It is unclear, according to federal records, when Hayden was released from the U.S. Bureau of Prisons, but in March, federal probation officers filed a request to have his release revoked.
Hayden was never charged with shooting anyone, in federal or state court, according to records.