Astor, FL - The Volusia Sheriff's Office says an Ontario man is now facing burglary with battery charges on top of an illegal immigration charge following an altercation over beer.
The report from deputies says everything happened in the early afternoon hours of Tuesday (December 3rd). VSO states that an employee of Burke Racing who was residing at an apartment off of Niatross Street, which is owned by Burke Racing, was watching television when he heard knocking at his door.
As the knocking went on, he heard the voice of 37-year-old Joshua Marks, demanding the resident to let him inside and give him beer. From behind the closed door, the man told him to go away. Marks refused.
Once he cracked the door open, Marks reportedly forced his way inside, went to the man's refrigerator and took two Coors Light beers and quickly "chugged" both of them, before he left the apartment.
About an hour later, Marks returned, banging on the door and demanding more beer, according to the victim's narrative. He cracked the door open which is when Marks tried forcing himself inside again. When that happened, the victim tried to use his body weight to keep Marks from getting in. But, Marks propped his foot up against the door and successfully force himself through the door again. Once inside, an argument ensued between the two men, resulting in Marks striking the man on the face with his hand.
The victim described the strike more as a push and not a punch. After the altercation, Marks left the area again. The victim received no visible injuries.
Another witness who lived next door told deputies that he saw Marks aggressively knocking on the door, but he didn't see Marks force himself inside or attack the other man, as he was inside. Another man who lives behind the victim says that Marks also entered his apartment and took his phone.
However, according to VSO's report, some witnesses, including the two aforementioned, did not want to fully cooperate with law enforcement or pursue criminal charges.
Deputies eventually made contact with Marks, who was immediately secured in handcuffs. Upon grabbing hold of Marks, he tensed up and briefly resisted deputies. While detaining Marks, deputies reported a strong smell of alcohol.
During an interview with law enforcement, Marks denied the first victim's story, saying that he was invited inside and given a beer. But, as the investigation continued, Marks became agitated and repeatedly called the victim different profanity-laced names. Marks eventually changed his story and stated that while the victim was in his room, he "shoved him."
Marks was arrested and charged with burglary of an occupied dwelling and burglary with battery. VSO also reports that Marks is from Ontario and he is currently in custody at Volusia County Jail, additionally charged with illegal immigration.
No other information is available regarding that charge or his citizenship.
