The Storm coach, accused of filing a false $10,000 insurance claim, faces five years in prison if convicted.
By FRANK PASTOR and CHRIS TISCH
Published November 27, 2004
TAMPA - The Storm's Tim Marcum, the winningest coach in Arena Football League history, was arrested Tuesday, charged with defrauding an insurance company, court records show.
Marcum, 60, of Apollo Beach is accused of filing a false $10,000 claim on his 18-foot fishing boat, his attorney Ron Kurpiers said.
A capias, similar to a warrant, was issued for Marcum's arrest on Monday. He turned himself in at the Pinellas County Jail Tuesday afternoon and was released at 6:45 p.m. after posting $10,000 bail.
Marcum, who has won seven ArenaBowls, including three with the Storm, faces up to five years in prison if convicted.
"He is very committed to fighting this, and that's what we intend to do," Kurpiers said.
Marcum referred questions to his attorney.
Pinellas-Pasco prosecutor Doug Ellis said Marcum made the claim in August 2003, when he lived in Tierra Verde. Marcum told his insurance company that he returned from vacation to find the boat had fallen off its lift. Marcum claimed the vessel was damaged and submerged, Ellis said.
The insurance company began investigating after it received information indicating the claim was false, Ellis said.
A repairman whom Marcum called told investigators the boat was not submerged, Ellis said.
In addition, neighbors said the boat was always broken down and had not suddenly become damaged. Neighbors said they only saw the boat up on its lift and never in use, Ellis said.
Ellis said Marcum also told investigators that one of his players, lineman Nyle Wiren, had been out on the boat recently. Before investigators could speak with Wiren, Marcum implied to the player that he should lie by telling investigators he had been on the boat recently, Ellis said.
"Obviously, it's a very bad situation for (Wiren)," the prosecutor said. "He's still employed by the team and Marcum is his coach."
Ellis said Wiren, though reluctant to testify against his coach, told investigators about what his coach asked him to do.
Marcum's attorney said the fraud allegation stems from calls Marcum's ex-wife, Amy, and her husband, Thom Hopper, made to investigators in 2003, when Tim and Amy Marcum were going through a divorce.
"It's the product of a fraud investigator who believed (Marcum's) ex-wife's story, and he tried to piece together something we believe is just completely inaccurate and false," Kurpiers said. "Evidence, when it has an opportunity to come out, is going to show that."
The calls, Kurpiers said, coincided with lawsuits for breach of contract Marcum and Storm owner Peter "Woody" Kern filed against Hopper in conjunction with Hopper's failed attempt to buy the Storm in 2002.
A federal judge awarded Kern $600,000, according to court records. Marcum's case was settled through mediation.
Hopper and the former Mrs. Marcum married in July. Tim Marcum married Sherry Lynn Merritt in November 2003, records show.
"It's fair to say there are substantial bad feelings between Mr. Hopper and Mr. Marcum, and certainly this whole fraud allegation was started with that," Kurpiers said.
Marcum's ex-wife was subpoenaed but played no other part in the investigation, Hopper said.
"There is no retribution," Hopper said. "I don't have any feelings about any of that. It wasn't between Tim Marcum and me. That was Woody Kern, and that's all been settled."
"It's more than the ex-wife," the prosecutor said. The arrest wasn't Marcum's first in Florida. According to state records, he was charged with driving under the influence of alcohol in October 2002. He pleaded no contest and completed the terms of his probation.
Kurpiers said the recent arrest will not keep Marcum from his day-to-day duties as coach and general manager of the Storm, which opens training camp in January. The attorney said he notified the Arena league of the charges.
"We're aware of it," said Chris McCloskey, the league's vice president of communications. "We're reviewing it, and we'll take action if necessary when appropriate."
Kern could not be reached for comment.
Times researcher Cathy Wos contributed to this report.
