Marks was initially arrested on aggravated kidnapping and child desertion charges because Washington's child was left abandoned in a parking lot. According to the probable cause report, the child told investigators that "'Mr. Robbie' hurt her mother and was now sleeping." It also revealed the child was with her mother and Marks "when she heard a 'bang' and after the bang her mom was 'shaking.' She also stated that her mom's in the lake and that it was dark outside when her mom got hurt."