Federal judge considers whether Plaza Tower owner should remain in jail while awaiting trial

A federal judge is considering whether the Springfield businessman accused of violently attacking a woman and illegally possessing a firearm should remain in jail or be released on bail.

Marco Denis, the owner of Plaza Towers, posted $150,000 bail earlier this month after the state charged him with multiple counts of domestic violence, kidnapping and tampering with evidence.

However, Denis remains in Greene County Jail on federal weapons charges.

Federal prosecutors argued that Denis should remain behind bars for now, telling U.S. Chief Judge David P. Rush at a detention hearing last week that Denis is a danger to the community, has the financial means to leave the country and faces a life sentence in prison.

Assistant U.S. Attorney Stephanie Wan called Denis' history of violence against women and his illegal possession of weapons a “deadly combination.”

Denis' attorney, Stacie Bilyeu, argued that she does not believe her client violated any federal gun laws at all and that her client should be presumed innocent of the state's charges of domestic violence and kidnapping.

“He has shown this court and this community that he is a good citizen,” Bilyeu said, adding that he “deserves to be released” to keep Denis' business running and assist Bilyeu in his defense.

Several of Denis' supporters wrote letters to the judge and attended the August 23 detention hearing, including City Councilman Abe McGull, who sat in the front row directly behind Denis.

At the end of the hearing, Judge Rush said he would “give some thought to the question” of whether Denis should be given the opportunity to post bail. Rush said he was not so much concerned about Denis's escape, but rather the danger Denis poses to the community.

The judge acknowledged Denis' supporters and their letters, saying “we have two different pictures” of Denis: that of a successful businessman and that of a man with a history of violence against women.

“There is a history here that concerns the court,” Rush said. “Guns and violence against women are a deadly combination.”

Rush looked back on his many years of experience in criminal law and described Denis' past with violence and weapons as “red flags.”

Rush gave no indication when he would announce his decision regarding a possible bond.

According to the Greene County jail roster, Denis was still in custody as of Monday.

Denis posted bail on the state charges but remains in jail on the federal charges

Denis, 49, is charged by the Greene County District Attorney's Office with first-degree domestic violence (Class A), second-degree domestic violence (Class D), first-degree kidnapping (Class B), and two counts of tampering with evidence (Class E). These charges stem from alleged assault and kidnapping on July 14, 2024, and alleged attempts by Denis to destroy evidence in the case from jail on July 24.

If convicted of these state charges, Denis faces a life sentence in a Missouri Department of Corrections prison.

While investigating the domestic violence and kidnapping charges, authorities learned that Denis owned several guns and pleaded guilty to third-degree domestic violence in 2003. Although the U.S. Attorney's Office in Southwest Missouri rarely files charges against him, there is a federal law aimed at preventing domestic abusers from getting their hands on guns.

Title 18 of the United States Code, Section 922(g)(9), prohibits any person convicted in a court of a misdemeanor involving domestic violence from shipping or transporting in interstate or foreign commerce, or from possessing or causing to be possessed in commerce, any firearm or ammunition, or from receiving firearms or ammunition shipped or transported in interstate or foreign commerce.

On July 26, 2024, the Attorney General's Office charged Denis with possession of a firearm by a prohibited person, a domestic violence offense.

If convicted of weapons possession, Denis faces up to 15 years in a federal prison.

Denis was booked into the Greene County Jail on July 15. He was held without bail on the state charges pending a preliminary hearing on August 16 in the courtroom of Greene County Associate District Judge Kirsten Poppen.

After the seven-hour preliminary hearing, Poppen transferred the case to District Court and set Denis's bail at only $150,000 cash. The bail conditions included that Denis be placed under house arrest and that the prosecutor retain Denis' passport.

According to online court records, Denis posted bail, but remains in jail on federal charges.

Who is Marco Denis?

Denis reportedly spent more than $13 million in 2020 to purchase the 10-story Plaza Towers, as well as the shopping center directly south of it on Glenstone Avenue and most of the Plaza Shopping Center property on the east side of Glenstone Avenue.

Denis told the Daily Citizen he paid about $25 million for the entire property, which essentially consists of both sides of Glenstone Avenue south of the Sunshine Street intersection.

The indictment states that Denis pleaded guilty in 2003 to third-degree domestic violence “by recklessly inflicting physical injury on the victim by pulling her hair.” He was sentenced to 120 days in jail, but the sentence was suspended and he received two years' probation.

Court records in Missouri show that Denis pleaded guilty to second-degree sexual misconduct in Greene County in 2011. He was sentenced to two years probation.

According to the federal complaint, Springfield police have “received multiple reports accusing Denis of drawing a firearm during the riot.”

About the domestic violence charge

According to a probable cause statement written by a Springfield Police officer, a woman described Denis assaulting her multiple times on July 14 while on Denis' boat on Table Rock Lake.

The woman reportedly told police that she and Denis eventually returned to a dock and got into Denis' vehicle. She told the officer that Denis called his attorney and told him the boat “turned too fast and they both fell and were injured.”

The woman told the officer that Denis continued to assault her on the drive back to Springfield. She said Denis drove her back to her car in Sequiota Park but did not let her get out of his vehicle.

“He drove to the intersection of Lone Pine and Battlefield. She believed Denis was taking her to his house and that he would kill her if he could get there,” the officer wrote. “While they were stopped, she saw a car pull up next to them, so she opened the passenger door and tried to get out.”

When questioned by police, Denis said a wave from another boat hit his boat, rocking the vessel. Denis told police he and the woman were both thrown and injured by the impact. Denis told police that as he and the woman were on their way to his house, the woman became angry and jumped out of the vehicle when it stopped.

Because of this alleged attack, Denis was charged with multiple counts of domestic violence and kidnapping. The evidence tampering charge stems from Denis allegedly ordering someone to destroy evidence during a recorded prison visit.

Prosecutor: Denis is a flight risk and a danger to the community

Wan, the federal prosecutor, filed a motion for the detention hearing on Thursday, August 22.

“At this hearing, the evidence will demonstrate that no condition or combination of conditions of release can adequately ensure the defendant's appearance as required by the court and the safety of other persons and the community,” Wan wrote in her motion.

Wan called Even Nicholson, a task force officer with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), to testify as a witness in Nicholson's investigation.

Nicholson said investigators obtained the ATF firearm transaction receipt (Form 4473) from Anchor Tactical Supply, Inc. for two firearms purchased by Denis, one in December 2020 and the other in January 2021.

On the form to purchase a gun in 2020, Denis, a native of Haiti, wrote that he was born in Springfield.

When asked if he had “ever been convicted in a court of a minor crime of domestic violence…”, Denis answered “no”.

When Denis filled out Form 4473 to purchase a gun in 2021, he also checked “no” to the question of whether he had ever been convicted of a minor crime of domestic violence.

Wan questioned Nicholson about items that investigators discovered under Denis' bed while executing a search warrant. These items included a large sum of cash, his passport, an expired Haitian passport and documents that could allow Denis to cross the Canadian border.

Wan spoke about the state filing two Class E charges of tampering with evidence against Denis.

Both of these charges stem from Denis allegedly giving instructions to an individual identified in the probable cause affidavit as JR to destroy the alleged victim's cell phone, which the woman had left in Denis' vehicle while fleeing from Denis. According to the affidavit, Denis gave these instructions to JR during a recorded call from the jail.

“That's pretty bold, Your Honor,” Wan said. “He's willing to obstruct justice from prison.”

Defense attorney: “He is a good citizen”

Bilyeu, the defense attorney, urged the judge to consider the numerous letters of support from people in the community that have been submitted on Denis's behalf. She pointed in particular to the letter from McGull, who, as Bilyeu pointed out in court, is a former U.S. attorney.

Bilyeu said she did not believe Denis' 2003 domestic violence conviction fell under federal law that would prohibit him from possessing a firearm.

Bilyeu argued for Denis to be released on bail, possibly under house arrest and with GPS monitoring, reminding the judge that Denis is presumed innocent of the state's charges and that he has not been previously convicted of a serious crime.

Bilyeu argued that Denis was a successful businessman with ties to the community and it was “totally unfair” to keep him in prison and allow him to lose millions of dollars.

“He clearly has every intention of appearing in court,” Bilyeu said. “He is very involved in the community. … He has proven in this court and in this community that he is a good citizen.”

Jackie Rehwald

Jackie Rehwald is a reporter for the Springfield Daily Citizen. She covers public safety, courts, homelessness, domestic violence and other social issues. Her office number is 417-837-3659. More from Jackie Rehwald